Landmark Lawsuit Successful Against FCC for Failing to Reevaluate 5G and Wireless Safety

A joint lawsuit against the Federal Communications Commission (FCC) was filed on July 30, 2020 by the Environmental Health Trust and the Children’s Health Defense for failure to protect human health and the environment by dismissing scientific evidence of harm from wireless radiation. The Petitioners are challenging the FCC’s refusal to reevaluate and update their 24-year-old radiofrequency (RF) safety guidelines for existing and new telecommunications technologies.  This comes at a time when new lucrative 5G Spectrum is being auctioned and fast tracked in communities.  The lawsuit was won by the Petitioners (EHTrust, CDH and others) as per the DC Court of Appeals Decision on August 13, 2021. In the ruling the court returned this decision back to the FCC and ordered the FCC to reexamine its standards for wireless radiation exposure and provide a review of wireless harms that is compliant with the law for non-cancer harms. The decision could be appealed.

Updated 8/22/21

Petitioners Win Lawsuit Against Federal Communications Commission (FCC)  for Failing to Protect Public Health 

The Environmental Health Trust,  Children’s Health Defense and several other petitioners won an historic victory against the FCC on August 13, 2021, arguing the FCC failed to adequately assess the risks of wireless radiation to protect humans and the environment from non-cancer effects. They presented thousands of pages of testimony and studies to support their argument. The FCC is required by law to periodically evaluate the impact of radiofrequency (RF) devices such as cell phones and facilities for radio, TV, and cell phone communications on quality of the “human environment.”

The decision by the DC Circuit Court of Appeals states, “The Commission failed to provide a reasoned explanation for its determination that its guidelines adequately protect against the harmful effects of exposure to radiofrequency radiation unrelated to cancer.”

The Court Decision states,  “The National Environmental Policy Act (“NEPA”) and its implementing regulations require federal agencies to “establish procedures to account for the environmental effects of [their] proposed actions.” And “To fulfill its obligations under NEPA, the Commission has promulgated guidelines for human exposure to RF radiation…The Commission last updated its limits for RF exposure in 1996… The  ANSI and IEEE developed limits are designed to protect against “thermal effects” of exposure to RF radiation, but not “non- thermal” effects.  In March 2013, the Commission issued a notice of inquiry regarding the adequacy of its 1996 guidelines in response to changes in the ubiquity of wireless devices and in scientific standards and research since 1996. In December 2019, the Commission issued a final order resolving its 2013 notice of inquiry by declining to undertake any of the changes contemplated in the notice of inquiry.  Petitioners challenge the 2019 final order under NEPA and the Administrative Procedure Act (“APA”)

When an agency in the Commission’s position is confronted with evidence that its current regulations are inadequate or the factual premises underlying its prior judgment have eroded, it must offer more to justify its decision to retain its regulations than mere conclusory statements. See Am. Horse, 812 F.2d at 6; Am. Radio, 524 F.3d at 241. Rather, the agency must provide “assurance that [it] considered the relevant factors,” and it must provide analysis that follows “a discernable path to which the court may defer.” Am. Radio, 524 F.3d at 241.

DC Court of Appeals Conclusion

The Court concluded, “Under this highly deferential standard of review, we find the Commission’s order arbitrary and capricious in its failure to respond to record evidence that exposure to RF radiation at levels below the Commission’s current limits may cause negative health effects unrelated to cancer.” and that, “We find the Commission’s order arbitrary and capricious in its complete failure to respond to comments concerning environmental harm caused by RF radiation.”   ENVIRONMENTAL HEALTH TRUST, CHILDREN’S HEALTH DEFENSE AND PETITIONERS V. FEDERAL COMMUNICATIONS COMMISSION. August 13, 2021 decision. https://www.cadc.uscourts.gov/internet/opinions.nsf/FB976465BF00F8BD85258730004EFDF7/%24file/20-1025-1910111.pdf

Environmental Health Trust Press Conference on Ruling Against the FCC August 19, 2021

The Environmental Health Trust held a video press conference August 19, 2021  with several petitioners, as well as, Yale Professor of obstetrics and Gynecology  Dr. Hugh Taylor, who studied prenatal effects of RFR on developmental behavior in mice. Dr. Taylor is seen in this 2016 video, as part of the Baby Safe Project, discussing his research on effects of exposure to pregnant mice cell phones resulting in behavioral effects in their offspring. His paper was published in the prestigious journal “Nature” and is titled Fetal Radiofrequency Radiation Exposure From 800-1900 MHz-Rated Cellular Telephones Affects Neurodevelopment and Behavior in Mice. Aldid, T., Taylor H et al.  (2013) Nature. Scientific Reports 2, Article number: 312. Feb 18, 2013. 

A Full Transcript of the August 19, 2021 press conference can be found here. https://ehtrust.org/transcript-of-press-conference-following-eht-federal-court-victory-over-fcc-wireless-radiation-safety-limits/  Dr. Davis noted that the original FCC standards for wireless radiation were set in 1996 and need to be updated. She highlighted, The world is very different [now], times have changed, but the FCC has not. “

Children’s Health Defense Press Conference on Ruling FCC August 16, 2021

Attorney Dafna Tachover led the Children’s Health Defense press conference on August 16, 2021. Speakers included CHD Founder and Chair Robert F Kennedy Jr, Dr. David Carpenter, Scott McCullough, the CHD lead attorney on the case, and Mary Holland, attorney and  President of CHD. Robert F. Kennedy Jr stated, “Those agencies no longer have any interest in protecting public health. They have become sock puppets for the industry that they are supposed to be regulating.”

New Study Supports Need to Lower Radiofrequency Radiation Levels

Uche and Naidenko (2021) in a new study confirmed the need for reassessment of current RF limits to protect health as well as to reduce levels 20–40-fold lower than the current legally permissible level. These are more in line with countries such as Italy and Russia.

History of the FCC Reevaluation Standards

  • GAO Report (2012)– In July of 2012 the U.S. General Accounting Office (GAO) issued a report, Exposure and Testing Requirements for Mobile Phones Should Be Reassessed. The authors stated, “The Federal Communications Commission’s (FCC) RF energy exposure limit may not reflect the latest research, and testing requirements may not identify maximum exposure in all possible usage conditions…By not formally reassessing its current limit, FCC cannot ensure it is using a limit that reflects the latest research on RF energy exposure. FCC has also not reassessed its testing requirements to ensure that they identify the maximum RF energy exposure a user could experience.” They go on to state,

    The FCC told GAO that it relies on the guidance of federal health and safety agencies when determining the RF energy exposure limit, and to date, none of these agencies have advised FCC to change the limit. However, FCC has not formally asked these agencies for a reassessment. By not formally reassessing its current limit, FCC cannot ensure it is using a limit that reflects the latest research on RF energy exposure. FCC has also not reassessed its testing requirements to ensure that they identify the maximum RF energy exposure a user could experience. Some consumers may use mobile phones against the body, which FCC does not currently test, and could result in RF energy exposure higher than the FCC limit.” They also note, “There are no federal requirements that manufacturers provide information to consumers about the health effects of mobile phone use.”

    “The FCC Order adopts rules changes originally proposed in 2003.  Changes adopted include making clear the primacy of specific absorption rate (SAR) in determining exposure; establishing that the pinna of the ear will be considered in the same category as extremities of the body when evaluating exposure; clarifying the application of occupational exposure limits and responsibility for compliance evaluation at multiple transmitter sites; and items related to measurement consistency in the medical implant communications service, labeling of occupational wireless devices and labeling and installation of wireless consumer devices.”

  • March 29, 2013 -FCC Initiates Reevaluation of RF Safety Standards Inquiry (2013) Docket 13-84.  In 2013 the Federal Communications Commission initiated an inquiry for public input into reevaluating radiofrequency safety standards. Titled Reassessment of Federal Communications Commission Radiofrequency Exposure Limits and Policies, Docket 13-84, FCC-13-84 and 03-137 First Report and Order Notice of Inquiry 2013  the Inquiry is to “determine whether there is a need for reassessment of the Commission radiofrequency (RF) exposure limits and policies.” The  report and order notes, Periodic review of the government’s rules and regulations to ensure they have kept pace with current knowledge and changing needs is an important characteristic of good government, and we here will advance the process of providing a comprehensive review and modification, where appropriate, of this Commission’s various rules pertaining to the implementation of the National Environmental Policy Act (NEPA) requirements for environmental reviews, specifically those reviews related to health and safety of radiofrequency (RF) emissions from radio transmitters.”
  • August 8, 2019 FCC Votes to Uphold Current Standards for new wireless telecommunications equipment that will emit RF frequencies above 6 Gigahertz (GHz) and titled Resolution of Notice of Inquiry. The FCC press release Aug 8, 2019 states, “The item would maintain the existing RF exposure limits and thus resolve the Commission’s 2013 Notice of Inquiry that sought public input on whether to strengthen or relax its existing RF exposure limits.”  The FCC highlighted a letter from Dr. Jeffrey Shuren, Director of the Food and Drug Administration’s Center for Devices and Radiological Health who wrote, “The available scientific evidence to date does not support adverse health effects in humans due to exposures at or under the current limits.. and…no changes to the current standards are warranted at this time.”     
  • The FCC issued their report stating, “Upon review of the record, we find no appropriate basis for and thus decline to initiate a rulemaking to reevaluate the existing RF exposure limits. This decision is supported by our expert sister agencies, and the lack of data in the record to support modifying our existing exposure limits. Specifically, no expert health agency expressed concern about the Commission’s RF exposure limits. … “We take to heart the findings of the Food & Drug Administration (FDA), an expert agency regarding the health impacts of consumer products, that “[t]he weight of scientific evidence has not linked cell phones with any health problems.”
  • Dec 4, 2019 The FCC officially “resolved” the reevaluation inquiry  the petitioners state, by ignoring new scientific information that takes into consideration

    • The massive increase in the mix and intensity of radiofrequency radiation the population is exposed to in the last 20 years and will be exponentially exposed to in the coming years
    • Inadequate cell phone safety testing
    • Non-thermal harmful effects of wireless radiation
    • Pulsed and modulated radiation which are more biologically active and harmful
    • Disability from radiation sickness (microwave illness or electro sensitivity)
    • Environmental harm
  • April 6, 2020 the Federal Communications Commission opened Docket 19-226 asking for comments on expanding non-ionizing radiofrequency radiation (RF) human exposure safety limits for new wireless telecommunications equipment that will emit RF frequencies above 6 Gigahertz (GHz),  FCC Docket 19-226 Human Exposure to Radiofrequency Electromagnetic Fields
  • Comments to the FCC included those individuals suffering adverse health effects from Smart meters to Wi Fi to cellphones who want more restrictive standards as well as industry who asked for removal of barriers to telecom stating health claims were wildly overstated.
  • 1) Health Impacts      

    2) Smart Meters    

    8) The Telecommunications Industry who stated, “there is no credible evidence of health effects from RF radiation within the ICNIRP guidelines..” and “The current FCC, IEEE, and ICNIRP standards all have been determined by the expert groups that developed them and by independent expert panels to provide a substantial margin of safety—up to fifty-fold—for users of consumer RF device.”  

    9) The Information Technology and Innovation Foundation (ITIF) Asked for the FCC to ”re-evaluate federal levers to remove barriers to infrastructure investment… such as the transition from large macro towers to small cells …and Streamlining Access to Infrastructure “ and further state, “RF radiation is non-ionizing, and the only biological impact from non-ionizing radiation—tissue warming from absorbing energy—has been thoroughly studied and is well-understood. Exposure to high-power RF radiation can heat tissue (like a microwave oven), but there is no known way it can cause cancer or any of the effects described by some in the record…The Commission’s docket examining these issues, like so many wireless policy fora, has been overrun by a vocal minority who would stand in the way of broadband deployment for fear of potential harm from electromagnetic radiation. This harm is wildly overstated, and holding back growth of next-generation wireless services by giving undue air to these claims would be an injustice to the public interest. “

With over thousand letters and peer reviewed scientific articles presented as testimony to the FCC Docket since 2013, there was hope that this critical issue would finally be addressed, and at the very least some precautionary measures would be advised along with further study of 5G effects prior to the massive 5G rollout that is occurring now. The FCC stated they will maintain their current guidelines for cell phones and cell antennas, and apply these same radiofrequency energy standards to 5G, which has not been studied for health or environmental harm, but is simply assumed safe. The petitioners for the lawsuit are stating this was done through omission and dismissal of the scientific literature. “We need to see justice through in this case.” CHD

The Lawsuit was Filed July 29, 2020

 The Petition against the FCC states that the failure to update telecommunications safety regulations violates elements of the Telecommunications Act of 1996 (“TCA”),2 the Administrative Procedure Act (APA), the National Environmental Policy Act (NEPA), the American’s with Disabilities Act (ADA) and the Federal Housing Administration (FHA), in addition to raising other constitutional issues.  The lawsuit argues that the FCC

  • * Failed to engaged in reasoned decision-making and to base its decision on substantial evidence
  • * Did not consider the evidence in the record of many individuals suffering the effects of unavoidable exposure to    
  •    radiofrequency radiation.
  • * Acted in an arbitrary and capricious manner

Timeline

 FCC had 45 days to file its response to the brief and the EH Trust and CHD had 21 days to file their response to FCC response, by October 6, 2020 (filed with extension Oct 19, 2020). The next stage will be a hearing in the court to present their case. The court will then give their decision.  If the outcome is positive it will be the first step in requiring the FCC to review all the evidence. (See responses below)

Update- Nov 20, 2020 the US Court of Appeals of the DC Circuit granted the request for oral arguments and scheduled the hearing for January 25, 2021. The hearing which was virtual and live-streamed can be viewed here.

Update- August 13, 2021 the DC Court of Appeals ruled in favor of the petitioners, EH Trust and Children’s Health Defense  on most counts and can be viewed here. 

The Petitioners

Environmental Health Trust

The Environmental Health Trust is a non-profit organization founded by Dr. Devra Davis. The organization works on environmental health issues but focuses research and education mostly on health impacts of wireless radiation. When the FDA decision came out in December 2019 a senior advisor to EH Trust Dr. Paul Ben Ishai criticized the report which he said, “flies in the face of the massive scientific evidence that has accumulated” on health harms.For EHT documents on this case go to EHTrust is Taking on the Federal Communications Commission.

Children’s Health Defense

The mission of the non-profit organization, Children’s Health Defense, founded by Robert F Kennedy Jr,  is to protect children from chronic health conditions that have skyrocketed in the last 2 decades. Over half of children now experience one or more chronic health issues. Scientific studies show the trend is worsening. After learning of the potential impacts of wireless technology on children as well as adults, the Children’s Health Defense began a campaign to educate others and take legal action.   Robert Kennedy Jr stood up to powerful interests giving a passionate speech to a large crowd in Berlin, Germany on August 28, 2020, discussing 5G telecommunications, health impacts and democracy. He stated,  Our mission at CHD is to end toxic exposures to children. This is an exposure.”  In their Evidentiary Brief Press Conference, several speakers discussed the need for the lawsuit, including a teenager who spoke candidly and compellingly about her severe sensitivity to wireless radiation which she developed in high school.

NRDC

The NRDC, a national non-profit environmental advocacy organization, has petitioned the court to file an amicus brief in order to participate in oral arguments regarding NEPA and the adequacy of environmental review for the construction of wireless infrastructure. NRDC attorney Sharon Buccino states in the petition, “Under the challenged Order, environmental review is tied to the RF limits set by the FCC. As long as a wireless service provider certifies that the construction it proposes meets the FCC’s RF standards, no environmental analysis is required. The FCC’s arbitrary determination that the limits set in 1996 are still adequate today means that environmental review will not occur where it would otherwise if the FCC had followed the mandates of reasoned decision-making under the Administrative Procedure Act.”

The NRDC Petition further notes,

  • The FCC failed to complete an Environmental Impact Statement under NEPA before terminating its inquiry into the adequacy of its radiofrequency (RF) standards
  • The FCC’s inadequate health standards excuse wireless service providers from conducting environmental review even though these services may expose humans and the environment in which they live to harmful radiation
  • The FCC’s order renders any environment review that is done inadequate because it is based on inadequate health standards

The NRDC successfully argued against a 2018 order by the Federal Communications Commission that proposed to eliminate environmental and historic review for certain cell towers and other wireless infrastructure. The court overruled the Federal Communications Commission (FCC) arguments in favor of Native American tribes August 2019, giving them and all cities the right to require NEPA analysis (or provide proof of exemption) before cell towers are placed.

Amicus Briefs Filed

Amicus from National Resources Defense Fund and Numerous Elected Officials 

Amicus from the Building Biology Institute

Amicus from Attorney Joe Sandri with Statement from Linda Birnbaum, former Director of NIEHS and NTP

Amicus from Dan and Katherine Kleiber

*Thanks to EHTrust for providing these

Responses Filed

FCC Response filed September 22, 2020 stated they

  • Reasonably declined to propose new radiofrequency exposure limits
  • Properly credited outside experts in declining to propose new limits
  • The limits adequately protect children
  • Reasonably declined to propose new procedures for measuring radiofrequency exposure from cell phones
  • The Commission properly did not address ADA and FHA
  • Had no duty under NEPA to supplement its environmental impact statement
  • New information has not changed the scientific consensus that the radiofrequency exposure limits are safe

EH Trust and CHD Response to FCC Response filed on Oct 19, 2020 stated

  • FCC Response Uses Post-Hoc Rationalization and Improperly Relies
    on Extra-Record Evidence
  • Asks the Court to Engage in a Full and Complete Review Under the Arbitrary and Capricious Standard. 
  • FCC Failed to Address Non-Thermal Biological Mechanisms of Harm
  • FCC overstates and misconstrues the regulations’ scope
  • FCC Exhibits Astounding Indifference to Human Sickness and Suffering
  • FCC Arbitrarily Discounted Three Major RF/EMF Cancer Publications
  • FCC arbitrarily and capriciously relied on the “views” of biased and unreliable organizations
  • FCC arbitrarily and capriciously rejected independent scientific evidence from the majority of scientists
  • The Order Irrationally Ignored Substantial Evidence Demonstrating that Thermal-Based Testing Procedures are Inadequate
  • FCC Waived Its NEPA Defense and Did Not Satisfy Its NEPA Obligations
  • ADA/FHA, individual/constitutional issues and related preemption question must first be resolved at the Commission

*Press release and link to live press conference Wednesday Oct 21, 2020 at 3 PM EDT

Attorneys for the FCC Lawsuit

The petitioners are represented by Edward B. Myers W. of the Law Office of Edward B. Myers; and W. Scott McCollough of the McCollough Law Firm P.C.

The FCC is represented in-house by William J. Scher, Ashley Stocks Boizelle, Jacob M. Lewis and Richard Kiser Welch

Update 2/13/21

Oral Arguments Heard by U.S.  Court of Appeals for the District of Columbia

On January 25, 2021 oral arguments were heard by the Court of Appeals for the District of Columbia to consider along with an abundance of evidence provided.  Attorney Scott McCollough was given 10 minutes by the court to speak to judges Karen Henderson, Patricia Millett and Robert Wilkins. The judges had read the petitions,  briefs, as well as evidence submitted to the FCC by citizens and scientists the 6 years the FCC docket was open for comment.  Mr McCollough opened the argument with a quote from a woman who called the FCC to discuss her injury from RF radiation and was told by the FCC, “We don’t deal with humans, we deal with frequencies.” The judges seemed baffled that the FCC regulated health and asked tough questions to both the FCC and Mr. McCollough. 

Listen to the Oral Arguments by Attorney Scott McCollough representing Children’s Health Defense and Environmental Health Trust, Attorney Ashley Boizelle respresenting the Federal Communications Commission,  and the judges remarks on January 25, 2021 for the U.S. Court of Appeals for the District of Columbia Circuit. 

An article in NextTV News Noted, “The judges appeared concerned that the FCC was relying what appeared to be cursory sign-off by the Food And Drug Administration, pointing out that the record did not cite any input from an FDA committee or FCC working group charged by Congress with reviewing RF standards, and asked the FCC find out by close of business Tuesday whether those committees existed and had reviewed the standards.”

Law 360 reported in a January 25, 2021 article, DC Circ. Picks Apart FCC Over 5G Wireless Safety Review, that, “A DC Circuit panel on Monday appeared skeptical of the Federal Communication’s Support for it’s own findings that cellphones and other connected devices pose no risks to human health.” and questioned whether the FCC properly monitored harm to human or environmental health.  It will be several months for the court to render a decision. 

CHD Files Another FCC Lawsuit as Over-the-air reception devices (OTARD) Ruling Puts 5G Cell Antennas on Homes

A recently passed FCC OTARD Ruling permits private home owners to place fixed “point-to-point cell antennas supporting wireless service on their property, and, for the first time, to extend wireless data/voice services including 5G and satellites, to users on neighboring properties.”  The ruling allows this while eliminating all state and local zoning authority. No permits, homeowners restrictions or notice to neighbors are required.  The Children’s Health Defense (CHD) filled a lawsuit against the FCC on February 26, 2021 for amending the over-the-air reception devices (OTARD) rule, because the rule change violates the Constitution and upends long-standing common law personal and property rights. The Commission does not have the power or authority to override rights to bodily autonomy or property-based rights to exclude wireless radiation emitted by third parties from their homes.”  A letter filed by CHD explains the reasoning. 

Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring those ripples build a current which can sweep down the mightiest walls of oppression and resistance. – Robert F. Kennedy

Articles

Press Release Children’s Health Defense. Principal Brief Filed in Landmark Case Against FCC on 5G and Wireless Health Impacts.July 30, 2020.  https://childrenshealthdefense.org/wp-content/uploads/Untitled-document1.pdf

Petition for Review Docket No. 03-137 and Docket No. 13-84 to United States Court of Appeals. Environmental Health Trust and Children’s Health Defense vs FCC.20-1025 (Lead); 20-1138 (Consolidated) Files 7/29/20. https://childrenshealthdefense.org/wp-content/uploads/Joint-Brief-7-29-20.pdf

Environmental Health Trust is Taking on the Federal Communications Commission.Summary of Environmental Health Trust, et al. v. FCC. https://ehtrust.org/eht-takes-the-fcc-to-court/

Press Conference Evidentiary Brief Submission. CHD vs FCC. July 31, 2020. Attorneys Dafna Tachover, Robert F Kennedy Jr., Scott McCullough, with Dr. David Carpenter, Dr. Toril Jelter, Ysobel Gallo with microwave illness,  Virginia Farver,  https://www.youtube.com/watch?v=7zUelXUKzSk

GAO Report. Exposure and Testing Requirements for Mobile Phones Should Be Reassessed.  July 2012. https://www.gao.gov/assets/600/592901.pdf

FCC 19-226 Human Exposure to Radiofrequency Electromagnetic Fields. Federal Registry April 6, 2020   https://www.govinfo.gov/content/pkg/FR-2020-04-06/pdf/2020-06966.pdf

Letter to FCC by Congressman Peter DeFAzio regarding Reevaluation of Safety Standards. April 15, 2019. https://www.eugene-or.gov/DocumentCenter/View/46057/Rep-Peter-DeFazio—Letter-to-FCC-on-5G

Letter to FCC from the National League of Cities, The National Association of Counties,  the United States Conference of Mayors and the National Association of Telecommunications Officers and Advisors. Oct 2, 2017. FCC Letter NATOA NLC NACo Mayors Docket 13-84

Commentary on the utility of the National Toxicology Program study on cell phone radiofrequency radiation data for assessing human health risks despite unfounded criticisms aimed at minimizing the findings of adverse health effects. Melnick RL. Environ Res. 2019 Jan;168:1-6. https://pubmed.ncbi.nlm.nih.gov/30243215/

FCC Issues New Radiofrequency Safety Rules, Seeks Comments on Additional Measures. Dec 6, 2019. National Law Review. https://www.natlawreview.com/article/fcc-issues-new-radio-frequency-safety-rules-seeks-comment-additional-measures

EH Trust submissions for FCC regarding Reevaluation of Safety Standardshttps://www.fcc.gov/ecfs/search/filings?proceedings_name=13-84&q=filers.name:(Environmental%20Health%20Trust)&sort=date_disseminated,DESC

Comments to FCC on Reevaluation of Safety Standards by Timothy Schoechle, PhD . June 2, 2020.  https://mdsafetech.files.wordpress.com/2020/05/schoechle-fcc_19-126_comment-2020-06-02.pdf

FCC Resolution of Inquiry reevaluation of safety standards.Docket 03-137 and Docket 13-84.  https://docs.fcc.gov/public/attachments/FCC-19-126A1.pdf

CHAIRMAN PAI PROPOSES TO MAINTAIN CURRENT RADIOFREQUENCY EXPOSURE SAFETY STANDARDS.  FCC’s RF Exposure Limits for Handheld Devices are Among the Most Stringent in the Aug 8, 2019.  https://www.fcc.gov/document/chairman-pai-proposes-maintain-current-rf-exposure-safety-standards or. https://docs.fcc.gov/public/attachments/DOC-358968A1.pdf

FDA Letter from Dr. Jeffrey Shuren to FCC regarding standards for new 5G technologies . April 24, 2019.https://www.fda.gov/media/135022/download

Statement from Jeffrey Shuren, M.D., J.D., director of the FDA’s Center for Devices and Radiological Health on the recent National Toxicology Program draft report on radiofrequency energy exposure.Feb 2, 2018. https://www.fda.gov/news-events/press-announcements/statement-jeffrey-shuren-md-jd-director-fdas-center-devices-and-radiological-health-recent-national

FCC deems cellphones with 5G tech safe. Aug 8, 2019. CNET. https://www.cnet.com/news/fcc-deems-5g-safe/

Risks to Health and Well-Being From Radio-Frequency Radiation Emitted by Cell Phones and Other Wireless Devices. AB Miller et al. Frontiers in public Health. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6701402/

IEEE Revision to IEEE Standard C95.1-2005 for frequencies between 0 Hz and 300 GHz. Requested 2010. https://development.standards.ieee.org/myproject-web/public/view.html#pardetail/4007

FCC Radiofrequency Safety  https://www.fcc.gov/general/radio-frequency-safety-0

At FDA, a new goal, then a push for speedy device reviews. AP News. Matthew Perrone. November 27, 2018. https://apnews.com/9f8ea03a4d324d1ba5585680d280804b

Prevalence and Costs of Five Chronic Conditions in Children.  J Sch Nurs. 2016 Oct; 32(5);357-364. Miller GF et al. https://pubmed.ncbi.nlm.nih.gov/27044668/

A national and state profile of leading health problems and health care quality for US children: key insurance disparities and across-state variations. (2011). Bethell  CD et al.  Acad Pediatric. May-Jun 2011;11(3 Suppl):S22-33. https://pubmed.ncbi.nlm.nih.gov/21570014/

Prevalence of Chronic Health Conditions in Children With Intellectual Disability: A Systematic Literature Review. Intellectual and Developmental Disabilities. (2011)  Vol 49, Issue 2, April 1, 2011.Oeseburg B et al. https://meridian.allenpress.com/idd/article-abstract/49/2/59/1533/Prevalence-of-Chronic-Health-Conditions-in?redirectedFrom=fulltext

Dynamics of Obesity and Chronic Health Conditions Among Children and Youth. (2010) Van Cleave J et al. JAMA. February 17, 2010.  2010;303(7):623-630. https://jamanetwork.com/journals/jama/fullarticle/185391

Trends in the prevalence of developmental disabilities in US children, 1997-2008. (2011) Boyle CA et al. Pediatrics. 2011 Jun;127(6):1034-42. https://pubmed.ncbi.nlm.nih.gov/21606152/

Robert F Kennedy Speaks to Berlin Crowd about 5G, Peace, Freedom and Democracy. August 29, 2020. https://www.youtube.com/watch?time_continue=7&v=rOfEzw_V-Sw&feature=emb_logo

5G “small cell” proliferation takes a hit in Cambridge MA. Nexus NewsFeed. August 26, 2020. Scott McCullough.  https://www.nexusnewsfeed.com/article/health-healing/5g-small-cell-proliferation-takes-a-hit-in-cambridge-ma/

NRDC PETITION FOR REVIEW OF FINAL ORDER OF THE FEDERAL COMMUNICATIONS COMMISSION.Filed 8/5/20. https://www.nrdc.org/sites/default/files/amicus-brief-fcc-20200805.pdf

How the U.S. Became an Inferior Communication Nation. The Republican-controlled FCC has not only removed nearly all regulations but is allowing private companies to take over state utility wired networks. David Rosen, Nov 9, 2020. https://progressive.org/dispatches/us-inferior-communication-nation-rosen-201109/

DC Circ. Picks Apart FCC Over 5G Wireless Safety Review. January 25, 2021. https://www.law360.com/articles/1347648/dc-circ-picks-apart-fcc-over-5g-wireless-safety-review

Court Hears Challenge to FCC’s 5G Radiofrequency Guidelines. January 25, 2021. John Eggerton.  Next Broadcasting and Cable News. https://www.nexttv.com/news/court-hears-challenge-to-fccs-5g-radiofrequency-guidelines

FCC Faces Skeptical Appeals Judges in Radiation Emissions Case. January 25, 2021. Bloomberg law. https://news.bloomberglaw.com/tech-and-telecom-law/fcc-faces-skeptical-appeals-judges-in-radiation-emissions-case?fbclid=IwAR07Dlp0AtcJsJvGxvhXhGdej6NQRqrrzKPRatWPRDKWhLBJgXoz3LiltJU

EHTrust press conference on Monday, January 25, 2021. https://www.youtube.com/watch?v=3CMHpb4D–k&feature=emb_logo

EHTrust OUR DAY IN COURT! EHT ET AL. V. FCC — ‘5G WIRELESS HARMS’ LAWSUIT AGAINST THE FCC. January 25, 2021. https://ehtrust.org/5g-wireless-harms-lawsuit-against-the-fcc-eht-et-al-v-fcc/

Oral arguments by Attorney Scott McCollough representing Children’s Health Defense and Environmental Health Trust, Attorney Ashley Boizelle respresenting the Federal Communications Commission,  and the judges remarks on January 25, 2021 for the U.S. Court of Appeals for the District of Columbia Circuit. https://www.youtube.com/watch?v=5oXhnuAkLq4&feature=emb_logo

Development of health-based exposure limits for radiofrequency radiation from wireless devices using a benchmark dose approach. Uche and Naidenko. July 17, 2021.  Environmental Health 20. Article number 84(2021).https://ehjournal.biomedcentral.com/articles/10.1186/s12940-021-00768-1

United States Court of Appeals for the District of Columbia Circuit. Argued January 25, 2021 Decided August 13, 2021 No. 20-1025. Filed by Circuit Judge Wilkins.   ENVIRONMENTAL HEALTH TRUST, ET AL., PETITIONERS V. Federal Communications Commission. https://www.cadc.uscourts.gov/internet/opinions.nsf/FB976465BF00F8BD85258730004EFDF7/%24file/20-1025-1910111.pd

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