Legal Issues and Cell Towers

As more cities are asked to approve cell towers citizens and cities are standing up to telecom carriers to legally oppose cell antenna and towers. Here are some resources that you can use to defend the health and safety of your family, community, the environment, as well as property values.

Resources

Attorney Information

Lawsuits Telecom and FCC

EHTrust and CHD vs FCC Reevaluation of FCC RF Safety Standards. Filed July 30, 2020. Lawsuit filed for failure to protect human health and the environment by dismissing scientific evidence of harm from wireless radiation. Lawsuit won by EHTrust and Petitioners August 13, 2021. District of Columbia US Court of Appeals Decision August 13, 2021.  PST Blog on the lawsuit “Landmark Lawsuit Successful Against FCC for Failing to Reevaluate 5G and Wireless Safety” Sept 23, 2021

SANTA FE ALLIANCE FOR PUBLIC HEALTH AND SAFETY, ARTHUR FIRSTENBERG, and MONIKA STEINHOFF. Vs City of Santa Fe.  Supreme Court of the United States. Petition for a Writ of Certiorari May 27, 2021 . Petitioners Petitioners requesting a declaratory judgment that the preemption with respect to the “environmental effects of radio frequency emissions” in the Telecommunications Act of 1996 (“TCA”), violate due process, free speech, the right to petition, the right of access to courts, and constitute a taking without just compensation, or in the alternative a judgment that “environmental effects” does not mean “health effects” . Originally filed May 6, 2020. https://www.cellphonetaskforce.org/wp-content/uploads/2021/10/Santa-Fe-Alliance-Petition-for-Certiorari-as-filed.pdf

The City of Portland vs the FCC-United States- UC Court of Appeals Ninth Circuit. Judgment filed August 12, 2020. Numerous local governments, public and private power utilities, and wireless service providers. Review of Small Cell Order, the Moratoria Order, and the One Touch Make-Ready Order.  FCC- 18-111, FCC-18-133, The first two orders spelled out the limits on local governments’ authority to regulate telecommunications providers. The third order was intended to prevent owners and operators of utility poles from discriminatorily denying or delaying 5G and broadband service providers access to the poles. The Court gave deference to the FCC and upheld 2 of the 3 provisions. The exception was the Small Cell Order provision dealing with the authority of local governments in the area of aesthetic regulations. The panel also held that the FCC’s requirement that all aesthetic criteria must be “objective” lacked a reasoned explanation. The panel rejected constitutional challenges under the Fifth and Tenth Amendments to both orders. https://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/12/18-72689.pdf

Lawsuits ADA Accommodation 

Lawsuits Cell Phones and Cancer 

Class Action Lawsuit Against Apple and Samsung Electronics to Demand Jury Trial.  UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Plaintiffs state cell phones exceeded the maximum allowable limit for radiofrequency (“RF”) radiation exposure.  8/23/19.   https://www.classaction.org/media/cohen-et-al-v-apple-inc-et-al.pdf

Litigation Alert: Cell Phones as Carcinogens. Weinberg, Wheeler, Hudkins, Gunn and Dial. https://www.wwhgd.com/newsroom-news-121.html

CTIA-The Wireless Association v. City of Berkeley, California. June 28, 2018. https://www.scotusblog.com/case-files/cases/ctia-wireless-association-v-city-berkeley-california/

Brain cancer victim sues cell-phone providers for $800 million. Aug 4, 2000. Computerworld. https://www.computerworld.com/article/2596665/brain-cancer-victim-sues-cell-phone-providers-for–800-million.html

Lawsuits Cell Towers 

Federal lawsuit challenges new cell tower, 5G antennas in Lake Tahoe. California. Feb 11, 2021. https://www.bizjournals.com/sacramento/news/2021/02/11/cell-towers-lake-tahoe-lawsuit.html

Hillsborough, California vs Crown Castle, LLP. 4/25/2018.  Case settled. https://www.hillsborough.net/DocumentCenter/View/3013/Crown-Castle-v-City-Council-of-the-Town-of-Hillsborough?bidId=  Hillsborough Wireless Facilities Update https://www.hillsborough.net/482/Wireless

Cell Tower News: $50K tower damage; suing American Tower. July 25, 2014. RCRWireless. https://www.rcrwireless.com/20140725/cell-tower-news/cell-tower-news-suing-american-tower-50k-tower-damage-8

San Carlos favors settling cell tower suit. The Daily Journal. Jan 25, 2012. AT&T vs San Carlos. https://www.smdailyjournal.com/news/local/san-carlos-favors-settling-cell-tower-suit/article_e03de02f-f7f4-5f73-b617-fdaf4e265a5e.html

San Mateo Grand Jury Report  on Cell Towers: Public Opposition and Revenue Source. 2011.  Article on San Mateo Grand Jury Report. County Responds To Cell Phone Tower Concerns. Aug 9, 2011. The Patch.  Peninsula cities, telecoms at odds over new antennas on public land. DEc 10, 2011.

San Diego, and Development Services Department of City of San Diego. Judgment “Holding that the city of San Diego is not a “person” within the meaning of the UCL” 2007.  https://casetext.com/case/in-re-cell-tower-litigation-3

Lawsuits Electric Vehicles

NISSAN LEAF ELECTROMAGNETIC RADIATION LAWSUIT FILED IN GEORGIA.July 11, 2021. 2015 Nissan LEAF owner says Nissan should pay $1 billion for EMF radiation sickness. https://www.carcomplaints.com/news/2021/nissan-leaf-electromagnetic-radiation-lawsuit.shtml

Appeals from Citizen Groups

Videos Appeals City Council 

Headlines

Videos of Cell Tower Disputes 

Court Reports Other  

San Mateo Grand Jury Report  on Cell Towers: Public Opposition and Revenue Source. 2011

Department of Public Health Reports

SF Department of Public Health Radiofrequency Program. https://www.sfdph.org/dph/EH/RadioFrequency/default.asp

See Also

%d bloggers like this: