Court gives okay for AT&T cell tower near BWCAW in Ely

Reversing the August 2011 decision of the lower court, on June 18, 2012, the Minnesota Court of Appeals issued a decision that will allow AT&T to build a 450-foot cell phone tower about 1.5 miles from the Boundary Waters Canoe Area Wilderness (BWCAW). The Friends of the Boundary Waters Wilderness initiated the lawsuit in 2010 to block the tower, arguing that the tower’s flashing lights would be visible within parts of the Boundary Waters Canoe Area Wilderness and that a shorter tower without lights would meet the community’s needs.

The Court of Appeals ruled Monday, June 18, that a Hennepin County judge erred by concluding that allowing the cell phone tower adjacent to the BWCAW would have a “materially adverse effect on the environment.” The June 18 opinion noted that the tower would be visible from less than 1 percent of the BWCAW and that “signs of human existence,” such as a water tower, cabins, and other communication towers, are already visible in some wilderness areas.

AT&T plans to begin work on the new tower soon, company spokesperson Alex Carey told Minnesota Public Radio. The company argued the tower was needed to expand cell phone coverage for residents, visitors, and public safety officers.

“We believe that the limited impact of the tower is greatly outweighed by the benefits,” Carey told MPR.

Friends of the Boundary Waters Wilderness Executive Director Paul Danicic also spoke with MPR, stating, “We’ll review the ruling carefully and decide our next legal steps. Friends remains undeterred, and we’re going to continue to work vigorously to protect the scenic vistas of the Boundary Waters.”