"The Supreme Court chose [Monday] 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."

Lawrence Hurley reports for Greenwire June 27, 2011. [2]