Why our NEPA Oak Creek Case matters
If we win, we safeguard the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) protections we Americans still have. If we lose and the FCC goes through with this monster AT&T tower that triggers 7 out of 9 red flags under NEPA and NHPA, precedent for placing towers in or near wildlife areas will be set everywhere. This, we can’t let happen and especially not now.
Cell tower developers are aggressively and willy nilly rolling out 4G LTE and 5G communications infrastructure in rural areas in a mad gold rush. Local governments wrongly believe “their hands are tied” and cunning companies threaten lawsuits to scare them into compliance with their agenda. But localities do have power. and some legal muscle.
Local governments under the Telecommunications Act of 1996 have a finite measure of control over placement, construction and modification under Title 47 §332 (c). Local goverment can also use protections under NEPA and NHPA to plan and zone wireless infrastructure away from wildlife, wetlands, areas of bird concentration, schools, homes for the elderly, or “low EMF” zones to provide sanctuary from the growing public health crisis of radiation sickness, a recognized disability. All towers are federal actions that must undergo National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA) compliance. Local governments can require evidence of compliance from every cell tower applicant. They can step up as the gate keepers, planning a responsible and efficient communications infrastructure for their communities.
Instead, we residents are called at this time to fill their vacuum. Yavapai County’s short sighted planning allowed for inefficient and dangerous wireless infrastructure at the bottom of a narrow riparian valley next to a kindergarten and right up against wetlands that shelter 21 endangered species and many other wildlife, with radiation centers beaming in 55% of its radius at canyon ridges and land void of human habitation. They falsely claimed in their permitting letter that Tilson Technology Management was fully FCC compliant when Tilson was demonstrably not compliant with NEPA and NHPA.