City Can't Block FCC Radiation Rule Arguments, 9th Circ. Says

Law360, Washington (August 12, 2016, 12:36 PM EDT) -- The Ninth Circuit refused on Thursday to block CTIA-The Wireless Association from arguing that the Federal Communications Commission doesn’t actually require radio frequency disclosures, as the trade group challenges the city of Berkeley, California’s cellphone warning ordinance.

The clerk of the court issued a three-sentence decision denying Berkeley’s efforts to block the argument, although the order does grant the city an extra, or surreply, brief, in order to address CTIA’s contentions on the merits. The city had argued that CTIA should be blocked because the trade group’s contention — that the FCC suggests but does not require the disclosures — came...

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