The U.S. Court of Appeals for the Tenth Circuit in New Mexico has declined further consideration of an advocacy group’s assertion that cell towers were making them ill. As Bloomberg Law reports, the Santa Fe Alliance for Public Health and Safety wanted their day in federal court but have had their allegations dismissed. The ruling put an end to all challenges, ranging from First Amendment violations to claims the cell towers along a public right-of-way presented a health hazard.
In its decision, the court recognized that the group had standing, but lacked a constitutional foothold to grant the party any relief. The dismissal was also swayed by the plaintiff’s failure to show direct cause between the radiation sickness claims and the inability to eliminate other factors as health influences.
The Court noted that the placement of the cell towers along approved routes adhered to standards set forth by the Telecommunications Act of 1996 on a federal level. The cell towers were further operating with the bounds of the Wireless Consumer Advanced Infrastructure Investment Act and Santa Fe City Codes.
Citing prior cases and precedents, the court scrutinized whether the Santa Fe Alliance for Public Health and Safety “suffered ‘an invasion of a legally protected interest’ that is ‘concrete and particularized’ and ‘actual or imminent, not conjectural or hypothetical.” The determination was that the allegation did not fit this criteria and the alleged health claims were not “fairly traceable” to a source. The dismissal was a result of the court being unable to pair the lawsuit’s claims with measurable, enforceable, constitutional provisions that would support it.
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