The Los Angeles Superior Court ruled on March 27, 2024, that the Los Angeles County Wireless Facilities Ordinance cannot forgo California state environmental law (California Environmental Quality Act or CEQA) for wireless facilities built on scenic highways and historical sites.
Judge James C. Chalfant ruled in part for the First Amendment petitioners in Fiber First LA et al v. The County of Los Angeles, stating that “The FAP [First Amendment petition] is granted in limited part in that the historical resources and scenic highways exceptions apply to the ordinance.”
The petitioners were unable to stop sections in the ordinance that would allow densification of small cells and cell towers close to homes, schools and businesses. Although Environmental Health Trust submitted a large amount of research on health and environmental impacts of wireless facilities to the record, the court found that public comments “insufficient to be substantial evidence” that the ordinance “will result in significant aesthetic, biological, hazards, water, or human health impacts.”
Lead attorney W. Scott McCollough said that the legal team is “considering seeking further review of certain issues.”
Both parties have until May 7th to respond to the ruling.
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https://ehtrust.org/court-cell-towers-and-small-cell-facilities-must-comply-with-california-state-environmental-laws/ Source: Environmental Health Trust
