Legal Opinion

Firstenberg v. City of Santa Fe

Court of Appeals for the Tenth Circuit

Decided October 9, 2012No. 11-2156PublishedCited by 157 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

Electromagnetic radiation is a form of energy ubiquitous in our modern world, associated with everything from WiFi networks to microwave ovens to power lines. Most of us do not notice it. Some individuals, however, apparently suffer from a condition known as electromagnetic hypersensitivity (“EHS”), which requires them to avoid exposure to sources of electromagnetic radiation. These sources include cell-phone towers, sometimes called “base stations,” which emit a form of energy known as radiofrequency (“RF”) radiation. See generally Federal Communications Commission,…

2Cases cited32 opinions

  1. City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
  2. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  3. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  4. Hall v. BellmonCourt of Appeals for the Tenth Circuit · 1991
  5. Bell v. HoodSupreme Court of the United States · 1946

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3Cited by157 opinions

  1. Safe Streets Alliance v. HickenlooperCourt of Appeals for the Tenth Circuit · 2017
  2. Pueblo of Jemez v. United StatesCourt of Appeals for the Tenth Circuit · 2015
  3. Doe v. University of DenverCourt of Appeals for the Tenth Circuit · 2020
  4. Becker v. Ute Indian Tribe of the Uintah & Ouray ReservationCourt of Appeals for the Tenth Circuit · 2014
  5. Davison v. Grant Thornton LLPCourt of Appeals for the Tenth Circuit · 2014

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