Legal Opinion

Firstenberg v. CITY OF SANTA FE, NM

District Court, D. New Mexico

Decided April 25, 2011No. 1:11-cr-00008PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JAMES A. PARKER, Senior District Judge.

This opinion addresses, among other questions, the following:

1. Whether the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), (TCA) 1 preempts the authority of local governments to regulate cell tower radio frequency emissions (RFEs) on environmental grounds in order to protect persons who suffer from electromagnetic sensitivity (EMS) that is exacerbated by the RFEs.

2. Whether the TCA supercedes the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq., (ADA) so as to prevent local governments from regulating RFEs on…

2Cases cited36 opinions

Ashcroft v. IqbalSupreme Court of the United States · 2009
Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
County of Sacramento v. LewisSupreme Court of the United States · 1998

31 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

Firstenberg v. City of Santa FeCourt of Appeals for the Tenth Circuit · 2012
Santa Fe Alliance for Public Health and Safety v. City of Santa FeDistrict Court, D. New Mexico · 2020