8legs: Massachusetts supreme judicial court

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SJC weighs whether Pittsfield board could act on cell tower health complaints under federal limits

The Massachusetts Supreme Judicial Court heard whether Pittsfield's Board of Health could push Verizon over residents’ health complaints from a South Street tower.
The case asks if federal telecommunications law prevents local health officials from acting on health effects from tower emissions within FCC limits.
Residents allege health issues since 2020; the tower is at 877 South St. in Pittsfield.
The Board of Health rescinded its order after Verizon sued in federal court, which the company later dropped.
Legal questions include whether the order to address health complaints was arbitrary or capricious.
Attorney for residents argued local boards have a statutory duty to protect public health despite federal rules.
Attorney for the health board argued the FCC’s rules preempt local action when emissions meet federal limits.
Justices noted the potential statewide impact of the ruling on thousands of municipalities.
FCC investigation into emission limits remains part of the broader debate.
The case is viewed as a first-of-its-kind issue regarding health boards and cell towers.
The court's decision will determine how local health authorities handle emissions-related health concerns across Massachusetts.

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