The U.S. Court of Appeals for the Fifth Circuit upheld a 2009 FCC ruling limiting the time localities have to consider cell tower siting applications. With NLC's support, Arlington and San Antonio, Texas, challenged the ruling, which set the deadlines to act on applications for co-located sitings at 90 days, 150 days for all other applications. Failure to act can result in a wireless carrier filing a claim for relief in court.
The Federal Housing Finance Agency is seeking comments on conditions and restrictions related to the Property Assessed Clean Energy program, particularly financial risks to mortgage lenders/holders and homeowners, available financing mechanisms, and underwriting standards. NLC supports local authority to implement PACE programs and will submit comments prior to the March 26 deadline.
Although Congress reduced CDBG funding by nearly 12 percent in FY2012, several cities saw varying cuts because of newer census data used to determine awards. These differences in funding reductions among grant recipients have revived criticisms of the CDBG formula, which could complicate efforts to advocate for more funds in FY2013.
NLC has signed onto an amicus brief filed by the State and Local Legal Center urging the Supreme Court to bar First Amendment retaliatory arrest claims supported by probable cause because such claims are easy for a citizen to allege and difficult for a police officer to disprove. The brief argues that failure to bar these types of claims may interfere with a local governments’ ability to ensure public safety.