CTIA — THE WIRELESS ASS'N v. CITY OF BERKELEY, CAL.

No. 16-15141.

854 F.3d 1105 (2017)

CTIA — THE WIRELESS ASSOCIATION, Plaintiff-Appellant, v. CITY OF BERKELEY, CALIFORNIA; Christine Daniel, City Manager of Berkeley, California, in her official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 21, 2017.


Attorney(s) appearing for the Case

Theodore B. Olson (argued), Helgi C. Walker , Michael R. Huston , and Jacob T. Spencer , Gibson Dunn & Crutcher LLP, Washington, D.C.; Joshua S. Lipshutz and Joshua D. Dick , Gibson Dunn & Crutcher LLP, San Francisco, California; for Plaintiff-Appellant.

Lester Lawrence Lessig, III (argued), Cambridge, Massachusetts; Amanda Shanor , New Haven, Connecticut; Savith Iyengar , Deputy City Attorney; Zach Cowan , City Attorney; Berkeley City Attorney's Office, Berkeley, California; for Defendants-Appellants.

Robert Corn-Revere and Ronald G. London , Davis Wright Tremaine LLP, Washington, D.C., for Amicus Curiae The Association of National Advertisers, Inc.

Selena Kyle , Chicago, Illinois; Aaron Colangelo , Washington, D.C.; as and for Amicus Curiae Natural Resources Defense Council.

R. Matthew Wise , Deputy Attorney General; Mark R. Beckington , Supervising Deputy Attorney General; Douglas J. Woods , Senior Assistant Attorney General; Kathleen A. Kenealy , Chief Assistant Attorney General; Sacramento, California; as and for Amicus Curiae Attorney General of California.

Dissent by Judge Friedland.


OPINION

A City of Berkeley ordinance requires cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them to exceed Federal Communications Commission guidelines for exposure to radio-frequency radiation. CTIA, a trade association formerly known as...

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