BERKELEY, Calif. — Allegations have surfaced that a judge in the case against Berkeley's cell phone warning ordinance has ties to the wireless industry.

CTIA, the wireless industry trade group (formerly the Cellular Telecommunications Industry Association), is challenging a law that requires stores to post information on proper cell phone use so that radiation exposure doesn’t exceed federal guidelines.

The case was heard in the 9th Circuit Court of Appeals in San Francisco in mid-September by a three-member panel that included Judge Michelle Friedland, whose husband, Daniel Kelly, is allegedly an engineer with wireless company Tarana.

According to Ellen Marks, director of the California Brain Tumor Association, Friedland may have had a conflict of interest because Tarana's significant investor is AT&T - a CTIA member that could have a major stake in the outcome of the case.

"If Berkeley prevails, his job could be at risk,” Marks said. "They might have financial implications from this, and if the CTIA prevails, they have a lot to gain from this."

The CTIA has claimed that Berkeley's ordinance violates free speech. Berkeley has countered that the required postings were simply guidelines directly from the cell-phone manuals, warning that people who carry a cell phone close to the body may exceed federal guidelines on exposure to radio-frequency radiation.

A spokesman for the 9th Circuit confirmed that Kelly works in the telecom industry, but said Judge Friedland herself would not comment. Calls to Mr. Kelly and to Tarana were not returned.

Marks said the case is significant because many other cities have expressed an interest in similar ordinances, and some have received letters from the CTIA threatening litigation.

San Francisco has been working to pass a similar law, and City Supervisor John Avalos said that if the allegations are true, Friedland should have disclosed this possible link.

"If there's any hint of such a relationship between her partner and such work within a telecommunications company, she should disqualify herself,” Avalos said.

The court has the case under consideration but has not yet issued a ruling. Berkeley's legal team has the option to file a complaint alleging conflict of interest, but has not done so thus far.



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Jenkins Enterprises in North Little Rock is one of many small businesses across Arkansas facing extra costs from tariffs issued by President Donald Trump.

The company makes souvenirs, gifts and licensed college merchandise for 150 colleges and universities and employs 70 people.

Steve Jenkins, CEO of the company, said he has been buying manufacturing components from China since 1996 and the up-and-down tariffs are disrupting the workflow.

"If you have a $10 item and you apply a 145% tariff the tariff cost is $14.50, so now my cost is no longer $10, it's $24.50, more than double," Jenkins pointed out. "That gets passed on to the consumer."

Tariffs on Chinese imports dropped from 145% to 30% in May. The lowered tariffs are scheduled to remain in place through August while the U.S. and China negotiate a trade deal.

Retailers place orders with suppliers months in advance to stock their shelves. Jenkins added since manufacturing and shipping costs have increased, customers are hesitant to place orders. He currently has one shipment of toy trucks that's in limbo.

"My cost on that container would have been about $50,000," Jenkins explained. "During that time period, my cost went from $50,000 worth of toys to $135,000. We can't do that. So, depending upon what happens and when we can get that ready to ship is going to depend on whether or not there are toys in the stores for Christmas."

Jenkins and other small business owners nationwide have formed the group "Tariffs Cost US" to draw attention to how the trade wars are affecting businesses, consumers and the overall economy. They said the tariffs are affecting manufacturing, shipping, hiring and marketing.


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If the federal government finalizes the budget reconciliation bill in play, pro-consumer voices in Minnesota warn the changes will not be friendly to monthly bills for energy customers.

The analysts pointed to new findings from the nonpartisan think tank Energy Innovation, which looked at provisions in the Senate version from this week. It said the plan would cause Minnesotans' home electricity costs to rise by 28% over the next decade.

Annie Levenson-Falk, executive director of the Citizens Utility Board of Minnesota, said it is because Republican lawmakers are poised to eliminate clean energy tax credits while expanding new oil and gas leasing.

"If we can't build as much wind and solar and renewables, then we're not just going to be building more gas plants, but running inefficient, more costly gas plants, more than we would have to," Levenson-Falk explained.

Levenson-Falk pointed out many Minnesotans are already struggling with utility costs, and the advancement of cleaner energy sources has prevented things from getting worse. Fossil fuel-linked groups are cheering the proposed measure, including America's Power, which argued incentives for renewables are no longer needed and they are pushing out energy sources such as coal prematurely.

The debates remain at the forefront with energy demand predicted to spike in the coming years. Levenson-Falk noted the new report showed transitioning back to a fossil-fuel vision would lead to a slower rollout of additional power capacity.

"Our power plants are old and they need to be upgraded or replaced," Levenson-Falk stressed.

Levenson-Falk acknowledged the need for more power grid upgrades with a diversified energy portfolio. But after up-front construction costs, she added operating solar and wind farms is not as expensive because there is no fuel needed, benefiting ratepayers.

Even with congressional moves potentially stalling progress, she emphasized clean energy would still be a part of the mix as utilities develop their own strategies.


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New Minnesota laws take effect this week but consumer and environmental watchdogs are looking back on one from last year designed to bolster product repair rights for consumers and reduce waste.

A new scorecard from the Public Interest Research Group details manufacturers' compliance with a wave of recent laws removing roadblocks for product owners and independent technicians to access parts, tools and manuals when repairing electronics. Tuesday was the anniversary of Minnesota's version.

Katelynn Rolfes, conservation advocate for the nonprofit Environment Minnesota, said based on the report, it appears some companies are dragging their feet.

"Some of the companies did really well, particularly repairs with Apple phones. But other companies, they're slow to catch up," Rolfes explained, citing appliance companies as an example. "They just aren't offering the information consumers need."

Several dishwasher manufacturers received low marks for product manual availability. The report authors said even though consumer electronics companies had better scores for smartphones and laptops, tablet repair materials lag behind, even for the same manufacturers.

For repair situations where consumers still face headaches, Rolfes noted their household finances and the natural resources they rely on wind up suffering.

"If you can't repair something that you own, you end up buying another one of those things," Rolfes pointed out. "That's just not sustainable, not for our wallets and not for the planet."

Under Minnesota's law, dubbed the Digital Fair Repair Act, consumers who feel they are being stonewalled can file an antitrust report form with the state Attorney General for a possible investigation.


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