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News & Events |
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| Carney Goes to Washington Read her report from the Congressional Staff Briefing on the "Need to Protect Human Health from RF Radiation." Click here for the entire report... Judge Jackson dismisses CARE & Golden Lawsuit Due to Jeffco's March approval of Lake Cedar Group rezoning proposal (that the previous County Commissioners approved), Judge Jackson dismissed CARE & Golden's Lawsuit against Lake Cedar Group (LCG). To read the entire order, click here... On March 12th, all 3 JeffCo Commissioners, stating that they felt the Act of Congress gave them no other alternative, voted to approve the Lake Cedar Group 2003 Official Development Plan approved and recorded in 2003 by the previous commissioners. Jeffco has filed a status report to the court informing Judge Jackson of the resolution of approval of LCG's 2003 ODP. To read the resolution, click here... Read the recent news articles concerning the "NO" vote by the Jeffco Board of Commissioners concerning LCG's proposed settlement agreement. Click here for articles.... assist in the promotion of EMF research and the development of strategies to protect public health through the wise application of the precautionary principle... Click here to read more |
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What's Going on Today... |
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Board of County Commissioners Hearing on Mt. Morrison Broadcast Tower & Building on April Fools Morning |
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The Colorado Court of Appeals declared that the previous County Commissioners who approved a new broadcast facility on Mount Morrison in 2003 violated this community’s legal rights 3 different ways. The public must be given a full opportunity to be heard and the County Commissioners must follow the guidelines of the Central Mountains Community Plan and the Telecommunications Land Use Plan. The County Commissioners cannot allow the rezoning if an alternative site exists. |
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What: |
Board of County Commissioners Hearing on Mount Morrison Broadcast Tower & Building |
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When: |
April 1, 2008 at 9:00 a.m. |
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Where: |
Taj Mahal-100 Jefferson County Pkwy |
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Community Letter from C.A.R.E.'s Lawyer April 1, 9 AM at the Taj Mahal, the Jefferson County Commissioners will hear testimony on the Mt. Morrison Tower and transmission building. We need a large turnout! I wish this were an April Fools joke but it is not. Al Hislop, Scott Albertson and I plan to testify how this proposal (that the previous commissioners approved in 2003) does not comply with Jefferson County Planned Unit Development Zoning regulations, the Central Mountains Community Plan (CMCP) or the The Colorado Court of Appeals ruled in CARE's favor in 2007 and ordered the County Commissioners to do the hearings over so that the law was followed. (Click here... for the Mt. Morrison court ruling) and see below for Jefferson County staff Tim Carl's present analysis of the case. We will be challenging the analysis that argues that the commissioners could vote to approve. Given the hard work by this community at the previous hearings, the level of controversy, the fact that this Court of Appeals decision holding that County Commissioners must follow the Community Land Use Plans (such as the TLUP and CMCP) is very significant, we feel the hearing should have been set in the evening at a time convenient to the community. Please spread the word! Thanks, Deb Carney |
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Jeffco County Staff Response |
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Please send your comments to Commissioners: Jim Congrove, Kevin McCasky and Kathy Hartman
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Broadcasters Again Violating FCC Radiation Limits on
Lookout Mountain... Read more
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December 2007 - CARE Wins Mt. Morrison Suit CARE v. BCC and BCDC |
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The Supreme Court denied the peition for certiorari on the Mt. Morrison case on 11/26/07. The Court of Appeals decision now represents the law of Colorado on Planned Unit Development rezonings including broadcast tower rezonings. (except for where the Act of Congress applies on Lookout Mountain.) In line with the Colorado Court of Appeals decision, the Jeffco Board of County Commissioners will now be required to hold new hearings on this rezoning that follow the directions of the Court of Appeals. The public must be given a full opportunity to be heard and the County Commissioners must follow the guidelines of the Central Mountains Community Plan and the Telecommunications Land Use Plan. The County Commissioners cannot allow the rezoning if an alternative site exists. |
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November 2007 - Tower Issue Updates |
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Channel 2 KWGN Legal Case
On the KWGN case (the Channel 2 towers on Lookout across from Buffalo Bill's Grave and Museum), Judge Menendez has just ruled that since the federal law has preempted a county regulation, the court does not have subject matter jurisdiction and therefore cannot determine CARE's constitutional claims. C.A.R.E. believes this would still allow a constitutional challenge in Federal Court if we would desire to ever file one. C.A.R.E. has been in court 5 years on this case.
The judge essentially finds that Jeffco cannot even require a Telecom permit but does find that Jeffco still has some powers on page 12 but they appear to just be to receive reports. Unless Jeffco appeals, this ruling sticks. To read the entire order, click here... |
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New Results from CSU published in October edition of the Journal of the American College of Occupational and Environmental Medicine. |
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The third paper is now published in the October edition of the Journal of the American College of Occupational and Environmental Medicine. This study shows a biological response to the radiation in post menopausal women who do not have high levels of melatonin. The estrogen levels in these post menopausal women increase as the amounts of broadcast radiation increase. |
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Mount Morrison Case Jeffco and the broadcasters have asked the Colorado Supreme Court to review the case. The Colorado Supreme Court has not granted certiorari to date. Unless the Supreme Court takes the case, the tower and complex cannot be built without new hearings conducted under the rules set down in the decision. About a month ago, Public Broadcasting turned on a digital TV antenna on the ice bridge of the existing Channel 20 tower on Mt. Morrison (the tall one). Because of complaints about reception, Public Broadcasting is once more broadcasting from Republic Plaza downtown. To read the entire Mt. Morrison case, "The Court of Appeals decision Canyon Area Residents for the Environment v. Board of County Com'rs of Jefferson County, 2006 WL 17186 (Colo.App. 2006)", click here... |
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Lookout Mountain C.A.R.E. was unable to secure enough pledges to proceed on a constitutional challenge to the Act. We tried to get Senators Allard and Salazar to at least tighten up the language of the Act so that other broadcasters could not take advantage of it and put up more towers and digital antennas on Lookout. The Senators said they were “watching the situation.” The Senators are still watching and now Channel 2 KWGN (across the road from Buffalo Bill’s grave) is using the Act to tell the court that Jeffco zoning is totally preempted. Deb Carney is actively involved with scientists and others across the country in trying to get the amount of broadcast radiation the broadcasters can inflict on us reduced by changing the RF limits to levels 1000 times lower than they are now. For more information, click on the following links: |
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