Green Group Wants 10th Circ. To Revisit 5G Cell Tower Ruling

Law360, Richmond, Va. (May 17, 2021, 9:24 PM EDT) -- The Tenth Circuit "abdicated its judicial duty" when it killed most of the constitutional claims in a suit accusing Santa Fe of exposing residents to dangerous levels of radiation by installing telecom equipment in public rights-of-way, an environmental group has told the court.

The Santa Fe Alliance for Public Health and Safety wants the full circuit court to review the decision, which revived the environmental advocacy group's suit in part but fell short of a full win for the organization, finding the claims lacking but converting the dismissal with prejudice to one without.

The group said Friday that the court's March...

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