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Mass. high court says federal law preempts cell tower shutdown order - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Mass. high court says federal law preempts cell tower shutdown order by Louise Esola Workers Comp Coverage Jul 24, 2026 The Massachusetts Supreme Judicial Court on Thursday ruled that federal telecommunications law barred a local health board from shutting down a Verizon Wireless cell tower over concerns about residents’ exposure to radiofrequency emissions. In Gilardi v. Board of Health of Pittsfield , the court affirmed the dismissal of a lawsuit filed by six residents challenging the Pittsfield Board of Health’s decision to rescind its shutdown order. Pittsfield Cellular Telephone Co., doing business as Verizon Wireless, began operating the tower in August 2020. Residents living nearby subsequently reported headaches, tinnitus, nausea and other symptoms that they attributed to continuous exposure to the tower’s radiofrequency emissions. Following an investigation, the health board issued an emergency order in April 2022 concluding that residents’ symptoms were consistent with radiation sickness caused by the tower. The board classified the tower as a public nuisance and gave Verizon seven days to request a hearing to show why it should not be required to cease operations. Verizon sued the board in federal court, arguing that the order was preempted by the federal Telecommunications Act of 1996. The board then rescinded its order, largely because of litigation risk, and Verizon voluntarily dismissed its lawsuit. The residents sued in Massachusetts Superior Court, alleging that the board’s rescission was arbitrary and capricious and violated its duty to eliminate public health nuisances. A judge dismissed the case, finding that the original shutdown order conflicted with federal law. The state high court agreed, holding that the order would have interfered with Congress’ goal of creating nationally uniform technical and radiofrequency-emission standards administered by the Federal Communications Commission. The court said the board sought to restrict the tower’s operations based on its determination that radiofrequency emissions within federal limits could nevertheless be unsafe. Allowing municipalities to impose additional health-based restrictions would undermine uniform regulation and interfere with the operation of national wireless networks, the court said. The justices rejected the residents’ argument that the board was exercising its traditional public health authority, ruling that local health laws must yield when they conflict with federal objectives. The court noted that the residents had not filed tort claims seeking compensation for alleged injuries but instead sought restrictions on the tower’s operations. Related News Iowa court orders dismissal of worker’s bad-faith claim July 24, 2026 Appeals court overturns nearly $10 million award to disabled former officer July 24, 2026 Fine wine aged in mold? 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