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.https://leagle.com/images/logo.png
Argued and Submitted September 13, 2016 San Francisco, California.
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
W. FLETCHER, Circuit Judge:
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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