presentations

Make no mistake, antenna and cell pole litigation is indeed underway! The video mentions the appeal of the FCC's 2018 Small Cell Order. That case is now closed, as the Supreme Court on June 28th, 2021 -- Just after the video was made -- declined to review that appeal, to which Montgomery County was a party. However, as the video explains, while that appeal was pending, the FCC released two additional Orders that splintered off germane issues, which brought further, widespread litigation, including by Montgomery County. And the video discusses that active litigation.

• Pending before the USCA D.C. Circuit is Environmental Health Trust et. al. v. Federal Communications Commission ( https://www.youtube.com/watch?v=5oXhnuAkLq4 ), which features Montgomery County residents in the key roles of petitioners’ Counsel, party of record, and signatories to amicus briefs, among them City of Takoma Park councilmembers and its mayor.
• Pending before the USCA Ninth Circuit is City of Boston et. al. v. Federal Communications Commission, which was originally the Western states’ appeal (https://www.tellusventure.com/fcc-limits-on-cell-site-expansion-permits-challenged-by-california-cities/), but which has since been consolidated with the Eastern states’ appeal, and in which Montgomery County is a named party ( https://dockets.justia.com/docket/circuit-courts/cadc/20-1301).

Write and call your Council members today.

Tell them to stop ZTA 19-07!