In the ongoing sage of local governments trying to bring sense back to cell siting after the FCC’s industry-driven September Small Wireless Facilities Order, the 10th Circuit today ORDERED that (a) it would not issue a stay of the FCC’s order, but then (b) ORDERED the case to be transferred to the 9th Circuit!
This is HUGE, and places the case exactly where it should have been heard in the first place. The denial of the stay was by a summary action, without giving a basis. The transfer order clearly explained why the case properly belongs in the 9th Circuit.
I’ve attached both orders below.
-Jonathan
__190110 Order Denying Motion for Stay
__10th cir order granting transfer to 9th cir
