The Supreme Court chose today not to take up the question of whether a woman could sue to force the relocation of a cell phone tower in order to protect migrating birds.
The legal issue in Jaeger v. Cellco Partnership was whether the Migratory Bird Treaty Act allows citizen suits against state agencies and whether such a claim would, in any case, be pre-empted by the federal Telecommunications Act.
Dina Jaeger sued the Connecticut Siting Council in 2009 after it allowed Cellco Partnership -- better known as Verizon Wireless -- to build a cell phone tower in Falls Village, Conn.
She alleged that the radio frequency emissions would harm migrating birds, in addition to various other claims. In response, the agency claimed in part that the Telecommunications Act prevents states from taking into account the environmental impact of radio emissions.
A federal judge in the District of Connecticut dismissed the suit. That ruling was upheld by the 2nd U.S. Circuit Court of Appeals.