Firstenberg v. City of Santa Fe

2 Citing cases

  1. Firstenberg v. City of Santa Fe

    696 F.3d 1018 (10th Cir. 2012)   Cited 233 times   1 Legal Analyses
    Holding pro se litigant's "reference in the complaint to four different sources of federal law" was insufficient to establish federal question jurisdiction

    Second Generation or ‘2G’ internet access technology provides internet and mobile data services at a slower rate.” Firstenberg v. City of Santa Fe, 782 F.Supp.2d 1262, 1267 n. 5 (D.N.M.2011).Over the years, AT & T has been granted “special exceptions” under the City's Land Development Code (“Code”) to construct its base stations.

  2. Santa Fe All. for Pub. Health v. City of Santa Fe

    Civ. No. 18-1209 KG/JHR (D.N.M. May. 6, 2020)

    Instead, other courts considering this issue have held the term "environmental effects" includes effects on human health. See Freeman v. Burlington Broadcasters, Inc., 204 F.3d 311, 325 (2d Cir. 2000) (holding "environmental effects" in Section 704 includes effects on human health); Cellular Telephone Co., 166 F.3d at 494 n.3 (same); Firstenberg v. City of Santa Fe, N.M., 782 F.Supp.2d 1262, 1271 (D.N.M. 2011), rev'd on other grounds by 696 F.3d 1018 (10th Cir. 2012) ("In § 332(c)(7)(B)(iv), Congress expressed a clear intent to preempt local governing authorities from regulating RFEs on the basis of their environmental and health effects."); T-Mobile Northeast LLC v. Town of Ramapo, 701 F.Supp.2d 446, 460 (S.D.N.Y. 2009) ("Environmental effects within the meaning of [§ 332(c)(7)(B)(iv)] ... include health concerns about the biological effects of RF radiation.").