California: ‘Huge Win’: Court Rules Big Telecom Must Comply With State Environmental Laws

‘Huge Win’: Court Rules Big Telecom Must Comply With State Environmental Laws
By Suzanne Burdick, Ph.D., childrenshealthdefense.org, 4 April 2024

A Los Angeles County Superior Court judge last week ruled that federal law does not preempt California’s state environmental law, which requires environmental impact reviews before telecom companies can apply for permits to build new wireless infrastructure on scenic highways and historic sites.

Los Angeles County officials must comply with state environmental law when issuing permits for new wireless infrastructures, a Los Angeles County Superior Court judge ruled.

The ruling is a win for Children’s Health Defense (CHD) and a coalition of community and environmental groups in a historic case challenging the fast-tracked proliferation of wireless infrastructure in Los Angeles County.

W. Scott McCollough, lead attorney for the plaintiffs, said in a press release, “The court’s ruling is a huge win in the battle against unfettered proliferation of wireless because of the known risks to the environment and people’s health.”

McCollough — lead litigator for CHD’s Electromagnetic Radiation (EMR) & Wireless cases, added: “There is much more to be done, and we work on it every day, but this is a significant step in the right direction.”

The lawsuit alleged Los Angeles County violated California’s state environmental law — the California Environmental Quality Act (CEQA) — when it passed two ordinances allowing telecommunications companies to install wireless infrastructure without environmental review.

CEQA requires public agencies to “look before they leap” by considering the environmental consequences of their proposed actions.

The county claimed wireless projects were exempt from CEQA review, but Judge James C. Chalfant disagreed.

In his 65-page opinion, Judge Chalfant said that state environmental law generally applies to wireless projects and is only preempted by federal law — in this case, the Telecommunication Act of 1996 — when it comes to minor modifications and “collocations,” meaning additions to existing towers, upgrades or repairs.

The judge also noted that an environmental impact analysis is necessary for proposed wireless projects, like 5G small cells or cell towers, along scenic highways or historical sites.

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