Telecom Attorneys Cheryl Leanza and Tillman Lay Author Article for IMLA’s Municipal Lawyer Magazine
Article Examines the Impact of the Loper Bright and McLaughlin Decisions
Best Best & Krieger LLP (BBK) Telecommunications Attorneys Cheryl Leanza and Tillman Lay have authored an article published in the International Municipal Lawyers Association’s Municipal Lawyer magazine, January/February 2026 issue. The authors provide in-depth analysis of the Loper Bright and McLaughlin cases decided in 2024 and 2025.
Leanza and Lay detail that the Loper Bright and McLaughlin cases shift power away from agencies, such as the Federal Communications Commission (FCC), and move toward federal courts. This requires judges to independently interpret statutes rather than accept an agency’s reading. The authors highlight that this change generally helps parties trying to challenge agency actions, including local governments. Past court decisions often upheld FCC rules because courts deferred to the agency under Chevron. Without that deference, similar FCC actions would now face much tougher scrutiny. The article suggests that some major FCC wins over local governments might have turned out differently under today’s legal standards.
The article then looks at how these rulings could affect disputes where federal agencies claim their decisions override local authority, especially in FCC cases involving wireless siting and right-of-way control. Leanza and Lay caution that these decisions are not a guaranteed win for local governments, as legal doctrines like issue preclusion and stare decisis may still block repeat challenges in some situations.
The authors conclude that Loper Bright and McLaughlin open meaningful new opportunities for local governments to push back against federal agency preemption, if they use their resources carefully and creatively.
Read the full Municipal Lawyer magazine article here.
