OJAI : Court Rejects Case Against Weather Tower

A federal appeals court Friday rejected arguments by a persistent group of Ojai residents who claim that a weather tower on Sulphur Mountain could make them sick.

The Environmental Coalition of Ojai sued the federal government weeks after the National Weather Service built the 100-foot structure on a hilltop overlooking the Upper Ojai and Santa Clara River valleys two years ago.

Residents said the weather service failed to adequately consider the long-term health and environmental effects of its Next Generation Radar system, commonly known as NEXRAD.

But the 9th U.S. Circuit Court of Appeals concluded that the government had performed all the necessary tests to make sure the system is safe.

In a 3-0 decision, the court ruled there was not enough proof that low-level radiation emitted by the tower is harmful.

Dale Givner, an attorney who lives near the tower and argued the group’s case before the appeals court earlier this month, said he was not surprised by the ruling.

Although the environmental arguments have been rejected, Givner said, the group may consider lawsuits based on other potential damages.

“All of the residents feel like they have lost something by way of health or property,” he said. “Perhaps they could have some other avenue for relief.”