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Rimon clients, Crow Creek and Omaha Tribe, win DC Circuit ruling against FCC on small cell builds

News Stephen Díaz Gavin Stephen Díaz Gavin · August 12, 2019

Rimon clients, Crow Creek Tribe of South Dakota and the Omaha Tribe of Nebraska, appealed a decision of the Federal Communications Commission exempting so-called “small wireless cells” from historical preservation review intended to protect lands of cultural, historical and religious significance to the Tribes.  Petitions for review were consolidated with United Keetoowah and other tribes and interested parties. Rimon Partner Stephen Díaz Gavin authored significant portions of the brief and was chosen from among the different counsel to argue that the U.S. Court of Appeals for the D.C. Circuit should overturn rules adopted by the FCC in March 2018.  A unanimous panel of the D.C. Circuit held that the FCC had failed to justify its decision that small wireless cell deployments pose little to no cognizable religious, cultural, or environmental risk, particularly given the thousands of new cell site constructions that will be done throughout the U.S. for new 5G cellular systems. Read the Law360 article here.​


Stephen Díaz Gavin combines legal acumen and litigation experience with public policy advocacy skills to help a diverse range of clients, both international and domestic, in dealing with legal and policy issues facing them in the United States and overseas. Stephen specializes in international litigation and arbitration, including sovereign representation. Read his full biography here.