As more cities are asked to approve cell towers, citizens and cities are standing up to telecom carriers to legally oppose cell antenna and towers. Non profit groups and citizens are also challenging the basis of safety regulations by the FCC and the FDA. In a very thorough and well-researched article in the Pittsburg Law Review, Pennsylvania attorney Hala Mouzaffar gives a detailed history of how FCC standards for wireless radiation came about and why they have not been changed. The FCC Keeps Letting Me Be: Why Radiofrequency Radiation Standards Have Failed to Keep Up With Technology. (2012) Hala Mouzaffar. University of Pittsburg Law Review. Vol 83. No 1. Oct 6, 2021. https://lawreview.law.pitt.edu/ojs/lawreview/article/view/826 Below are resources and case law.
Updated 3/24/23
The Challenge of Legislation for Non-ionizing Radiation
In 1976 NRDC attorney Karen Massey wrote “The Challenge of Nonionizing Radiation: A proposal for Legislation“, published in the Duke Law Journal, looking a the benefits, adverse effects and the need for legislation on prevention policy. The Challenge of Non-ionizing Radiation: A proposal for Legislation”. Duke Law Journal 1979. Vol 105. Karen Massey.https://scholarship.law.duke.edu/dlj/vol28/iss1/3/ The article quotes on page 149 , “[t]his type of man-made radiation exposure has no counterpart in man’s evolutionary background; it was relatively negligible prior to World War II…Unless adequate monitoring programs and methods of control are instituted in the near future, man may soon enter an era of energy pollution of the environment comparable, in public health and ecologic implications, to the chemical pollution of today.”269
She points out,” “At the outset, it should be reemphasized that non-ionizing radiation is a multiagency problem. While this makes it administra- tively difficult to handle, it may in the long run make it a stronger and better program. It cannot be allotted to a single agency, seemingly giving other agencies a license to ignore the problem.387 The task, then, is to ensure that all agencies involved with this problem are encompassed in a structure that encourages communication and allows critique of the proposed programs from the various agency viewpoints and scientific backgrounds. This goal must be accomplished in both the research and the regulatory fields, without unnecessary disruption of ongoing programs.”
***The Motorola vs Murray Product Liability Lawsuit on cell phones and brain cancer is just now being heard after about 20 years of negotiating standards, admissibility and expert witnesses. 5 judges have presided over this lawsuit. Trial started Sept 12 , 2022 and this early phase will last up to a few weeks and can be heard on audio. See Safer EMR for details on how to hear this trial.
The Rights of Citizens in the Deployment of Wireless Infrastructure Webinar
In March 2023 Americans for Responsible Technology and the BroadBand International Legal Action Network have produced this extremely valuable webinar, The Rights of Citizens in the Deployment of Wireless Infrastructure for the public. Speakers include
- Doug Wood, founder and National Director of Americans for Responsible Technology, a non-profit organization
- Brenda Martinez, a founding member of Fiber First LA, a non-profit coalition advocating for safe, reliable and economical fiberoptic broadband for everyone.
- Scott McCollough, former Assistant Attorney General for the State of Texas for 10 years and representative for the State before regulatory agencies with jurisdiction over gas, telephone, water and electric utilities. He is now in private practice focusing on public law and regulation relating to telecommunications, and recently argued the successful case against the FCC on behalf of Environmental Health Trust and Children’s Health Defense.
- Andrew Campanelli, a well known litigation and Telecommunications Act attorney who handles local, state and federal telecommunications cases, and has authored numerous local codes and ordinances that provide protections for citizens while complying with all FCC requirements. Since beginning his legal career as a litigator in 1992, Mr. Campanelli has handled over 7,000 civil and criminal cases, and he has litigated over 1,000 cases to conclusion.
- Odette Wilkens, founder, President and General Counsel for the non-profit organization Wired Broadband, Inc. She is a strategic advisor and legal counsel with 20 years of experience in technology and general commercial transactions. She was formerly a corporate attorney with IBM and Senior Director of Legal Affairs at A&E TV. Recently Odette has been spearheading the grassroots opposition to the giant wireless towers that are being installed all over New York City.
- Julian Gresser, an international attorney, professional negotiator, inventor, and author of several books, including his latest one “How the Leopard Changed Its Spots” to be published in May 2023. He is an expert in international negotiation, and was twice a Mitsubishi Visiting Professor at the Harvard Law School and a visiting professor at MIT’s Program on Science, Technology, and Society. He is the founder and president of Big Heart Technologies, and the Broadband International Legal Action Network (BBILAN), which is our partner in producing this series of webinars.
- Download Scott McCollough slides
- Download Odette Wilkens slides
- Download Julian Gresser slides
Resources
Attorney Information
- FAQ’s answered by an attorney. Questions and Answers about the Telecommunications Act, zoning boards, shot clocks, property values, health and environmental effects
- Know Your Rights as an Individual
- Know Your Rights as a Government
Lawsuits and Petitions -Telecom, FCC, FDA, HHS
Lawsuits In Process
*IPhone Safety Limits 2022
Cohen vs Apple- 2022 United States Supreme Court. Court of Appeals for the Ninth Circuit. Plaintiffs state that Iphones were found to regularly exceed FCC safety limits in independent testing and that Apple breached state tort and consumer-fraud laws by misrepresenting and failing to disclose the amount of radiofrequency (“RF”) radiation emitted by iPhones. Plaintiffs alleged that RF radiation emitted by iPhones regularly exceeded the federal exposure limit, and they brought eight claims against Apple under state tort and consumer-fraud laws. The district court entered summary judgment for Apple, holding that the plaintiffs’ state-law claims are preempted by federal law. We have jurisdiction under 28 U.S.C. § 1291 and affirm. We hold that the district court had subject matter jurisdiction and that plaintiffs’ claims are preempted. The panel also held that the twin Communications Acts, the Communications Act of 1934 and the Telecommunications Act of 1996, granted to the FCC broad regulatory powers over wireless
Cohen vs Apple Appeal Cohen v. Apple – Petition for Writ of Certiorari to U.S. Court of Appeals Ninth Circuit. Jan 23, 2023. The Petition reviews statutory and regulatory law with regards to the FCC and telecommunications . The Petitioners argument to the Ninth Circuit Court … “This case clearly presents an opportunity to resolve a longstanding split and, at the same time, to settle a far more fundamental rift in the jurisprudence of implied agency preemption. In doing so, the Court can ensure that lower courts remain faithful to the Constitution’s balance between both the state and national governments, on the one hand, and the judicial, executive, and legislative powers, on the other….When a law of the United States is said to preempt state law, our “system of dual sovereignty between theStates and the Federal Government,” Gregory v. Ashcroft, 501 U.S. 452, 457, 460 (1991), requires that the inquiry
“start[] with the basic assumption that Congress did not intend to displace state law,”
Cohen vs Apple Updated information March, 2023. Supreme Copurt- https://www.supremecourt.gov/DocketPDF/22/22-698/257137/20230315150750426_22-698%20%20Amicus%20Brief.pdf
SUMMARY OF ARGUMENT: This case presents an important recurring question of federal law that requires resolution by the Court. The Petition should be granted. Courts should first ensure Congress intended to grant agency preemption powers on the subject at hand, and then find preemption by regulation only when the agency has far more clearly expressed an intent to preempt within a rule or order that has been promulgated through appropriate agency proceedings. In this case, the FCC’s intention to not preempt state tort, consumer and health and safety laws touching emissions from devices other than personal wireless facilities is clear. The Ninth Circuit’s contrary opinion was erroneous and must be corrected.
*Petition for Imminent Hazard Ruling by the Department of Health and Human Services 2021
Americans for Responsible Technology, EHTrust, California Brain Tumor Association and others vs FDA -PDF Filed Dec 21, 2021. Docket FDA-2021-P-1347. Petition for Imminent Hazard Ruling by the Department of Health and Human Services concerning the current FDA policy on the safety of human exposure to non-ionizing radiofrequency radiation. Filed December 20, 2021. “Petitioners respectfully request that the HHS Secretary: (i) declare an Imminent Hazard pursuant to CFR 21 Part 2 Sec. 2.5 (Imminent Hazard to the Public Health) within 30 days, and (ii) communicate affirmatively to all private and public entities affected by the Imminent Hazard the present uncertainty relating to whether the FDA’s official policy and regulations concerning RF radiation emitted from non-medical devices are APA-compliant.” Counsel for ART are James S. Turner, Julian Gresser, and Jospeh Sandri. FDA Docket was opened FDA-2021-P-1347 for public comment regarding how wireless radiation from cell phones, laptops, smart meters, baby monitors, wireless antennas and other wireless devices. has affected your health. To register comments go to Citizen’s Petition from Americans for Responsible Technology at https://www.regulations.gov/commenton/FDA-2021-P-1347-0001
- Americans For Responsible Technology Information on FDA legal petition https://www.americansforresponsibletech.org/fdapetition
- Our case for immediate action is built on four principle arguments:
- Public exposure to wireless radiation is growing at an exponential rate.
- The FDA has not conducted a high-level evaluation of the science in accordance with federal requirements.
- There is a widespread public misconception that the FDA has in fact, conducted such an evaluation and found wireless devices and infrastructure to be safe.
- More and more people are reporting serious health problems linked with exposure to wireless radiation
- Letters Sent
- Susan Foster Letter Susan Foster to FDA Imminent Hazard 2021-12-20 HHS Petition Final to File
- Susan Foster Firefighter Brain Scan study FCC Comments Firefighter Study 2013
Lawsuit Won
*Reevaluation of FCC RF Safety Standards 2020
EHTrust and CHD vs FCC –Reevaluation of FCC RF Safety Standards. Filed July 30, 2020. Lawsuit filed for failure to protect human health and the environment by dismissing scientific evidence of harm from wireless radiation. Lawsuit won by EHTrust and Petitioners August 13, 2021. District of Columbia US Court of Appeals Decision August 13, 2021. PST Blog on the lawsuit “Landmark Lawsuit Successful Against FCC for Failing to Reevaluate 5G and Wireless Safety” Sept 23, 2021
- Letters Reevaluation of Safety Standards
- Congressman Peter Defazio April 15, 2019. DeFazio Letter to FCC to Reevaluate RF Standards
*Arthur Firstenberg vs City of Santa Fe 2021
SANTA FE ALLIANCE FOR PUBLIC HEALTH AND SAFETY, ARTHUR FIRSTENBERG, and MONIKA STEINHOFF. Vs City of Santa Fe. Supreme Court of the United States. Petition for a Writ of Certiorari May 27, 2021 . Petitioners Petitioners requesting a declaratory judgment that the preemption with respect to the “environmental effects of radio frequency emissions” in the Telecommunications Act of 1996 (“TCA”), violate due process, free speech, the right to petition, the right of access to courts, and constitute a taking without just compensation, or in the alternative a judgment that “environmental effects” does not mean “health effects” . Originally filed May 6, 2020. https://www.cellphonetaskforce.org/wp-content/uploads/2021/10/Santa-Fe-Alliance-Petition-for-Certiorari-as-filed.pdf
*City of Portland vs the FCC 2020
The City of Portland vs the FCC-United States- UC Court of Appeals Ninth Circuit. Judgment filed August 12, 2020. Numerous local governments, public and private power utilities, and wireless service providers. Review of Small Cell Order, the Moratoria Order, and the One Touch Make-Ready Order. FCC- 18-111, FCC-18-133, The first two orders spelled out the limits on local governments’ authority to regulate telecommunications providers. The third order was intended to prevent owners and operators of utility poles from discriminatorily denying or delaying 5G and broadband service providers access to the poles. The Court gave deference to the FCC and upheld 2 of the 3 provisions. The exception was the Small Cell Order provision dealing with the authority of local governments in the area of aesthetic regulations. The panel also held that the FCC’s requirement that all aesthetic criteria must be “objective” lacked a reasoned explanation. The panel rejected constitutional challenges under the Fifth and Tenth Amendments to both orders. https://cdn.ca9.uscourts.gov/datastore/opinions/2020/08/12/18-72689.pdf
Lawsuits ADA Accommodation
-
UPPER TRIBUNAL CASE NO: UA-2022-000328-HS. EAM V EAST SUSSEX COUNTY COUNCIL EH925/19/00026. 8 November 2021. Decided following an oral hearing on 11 July 2022 . https://assets.publishing.service.gov.uk/media/62f3997ed3bf7f5c11330ea3/ua-2022-000328-hs__002_.pdf
- JML Law Wins Appeal in ‘Unprecedented’ Disability Case Against LAUSD For Failure to Accommodate Teacher With Electromagnetic Hypersensitivity. March 26, 2021. JML Law. https://www.accesswire.com/viewarticle.aspx?id=637661&token=hzivngfkuma2h2xz6rhu&fbclid=IwAR0w3aFbSk8NZrC9OeokP4ggOJbFfflwCBsr4zBzyjpwYhhdbd4xBVKU_BI
Lawsuits Cell Phones and Cancer
Murray vs Motorola. Case started 2001
- Cellphone Industry Product Liability Lawsuit. Safer EMR. Sept 15, 2022. Hearings weekdays 9:30am EST starting Sept 12,2022 for several weeks. https://www.saferemr.com/2014/08/major-breakthrough-in-cellphone.html
- Murray vs Motorola- Chris Portier, Expert Witness Motion to Leave. March 2021. https://mdsafetech.files.wordpress.com/2021/06/murray-vs-motorola-expert-witness-portier-hearing-32121-d.c.-superiro-court-.pdf
- Motorola Inc. v. Murray. 2016.Admissibility of Expert Testimony. https://casetext.com/case/motorola-inc-v-murray
- Goodbye Dyas/Frye: D.C. Court of Appeals Adopts Rule 702. Oct 4, 2016. https://semmes.com/law-updates/motorola-v-murray/
- Cell Phones, Brain Cancer, and Scientific Outliers in Murray v. Motorola. David H Kaye. Penn State Law. 2015. https://elibrary.law.psu.edu/cgi/viewcontent.cgi?article=1287&context=fac_works
- Litigation alert: Cell Phones as Carcinogens. 2011. https://www.wwhgd.com/newsroom-news-121.html
- Murray vs Motorola. Hearings started again Sept 2022. https://caselaw.findlaw.com/dc-court-of-appeals/1499482.html
Phonegate Canada: Court authorizes class action against Apple and Samsung. Sept 27, 2022. Alert Phonegate. https://phonegatealert.org/en/class-action-apple-samsung/
Class Action Lawsuit Against Apple and Samsung Electronics to Demand Jury Trial. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Plaintiffs state cell phones exceeded the maximum allowable limit for radiofrequency (“RF”) radiation exposure. 8/23/19. https://www.classaction.org/media/cohen-et-al-v-apple-inc-et-al.pdf
Litigation Alert: Cell Phones as Carcinogens. Weinberg, Wheeler, Hudkins, Gunn and Dial. https://www.wwhgd.com/newsroom-news-121.html
CTIA-The Wireless Association v. City of Berkeley, California. June 28, 2018. https://www.scotusblog.com/case-files/cases/ctia-wireless-association-v-city-berkeley-california/
Brain cancer victim sues cell-phone providers for $800 million. Aug 4, 2000. Computerworld. https://www.computerworld.com/article/2596665/brain-cancer-victim-sues-cell-phone-providers-for–800-million.html
Lawsuits Cell Towers
Pittsfield, Massachusetts. 2022 Board of health Orders Cease and Desist Order Then Removes it. Cease and Desist Order. https://mdsafetech.org/2022/02/09/board-of-health-orders-verizon-to-cease-and-desist-in-pittsfield-massachusetts-cell-tower-battle/
Federal lawsuit challenges new cell tower, 5G antennas in Lake Tahoe. California. Feb 11, 2021. https://www.bizjournals.com/sacramento/news/2021/02/11/cell-towers-lake-tahoe-lawsuit.html
Hillsborough, California vs Crown Castle, LLP. 4/25/2018. Case settled. https://www.hillsborough.net/DocumentCenter/View/3013/Crown-Castle-v-City-Council-of-the-Town-of-Hillsborough?bidId= Hillsborough Wireless Facilities Update https://www.hillsborough.net/482/Wireless
Cell Tower News: $50K tower damage; suing American Tower. July 25, 2014. RCRWireless. https://www.rcrwireless.com/20140725/cell-tower-news/cell-tower-news-suing-american-tower-50k-tower-damage-8
San Carlos favors settling cell tower suit. The Daily Journal. Jan 25, 2012. AT&T vs San Carlos. https://www.smdailyjournal.com/news/local/san-carlos-favors-settling-cell-tower-suit/article_e03de02f-f7f4-5f73-b617-fdaf4e265a5e.html
San Mateo Grand Jury Report on Cell Towers: Public Opposition and Revenue Source. 2011. Article on San Mateo Grand Jury Report. County Responds To Cell Phone Tower Concerns. Aug 9, 2011. The Patch. Peninsula cities, telecoms at odds over new antennas on public land. DEc 10, 2011.
San Diego, and Development Services Department of City of San Diego. Judgment “Holding that the city of San Diego is not a “person” within the meaning of the UCL” 2007. https://casetext.com/case/in-re-cell-tower-litigation-3
Lawsuits Electric Vehicles
NISSAN LEAF ELECTROMAGNETIC RADIATION LAWSUIT FILED IN GEORGIA.July 11, 2021. 2015 Nissan LEAF owner says Nissan should pay $1 billion for EMF radiation sickness. https://www.carcomplaints.com/news/2021/nissan-leaf-electromagnetic-radiation-lawsuit.shtml
Lawsuits and Notifications Smart meters
Letter of complaint against Smart Meters 2023
Letter of complaint against Smart Meters 2023 The UK EM Radiation Research Trust (RRT) would like to remind energy suppliers and the ombudsman that a smart meter is not a legal requirement and call upon you to revisit the UK Government’s official advice… This lawful notice of liability is designed to be used as evidence in court if needed and intends to enlighten you and protect you from attracting civil and criminal liability in relation to your action(s). Take Notice you have been fairly and equitably fore-noticed and fore-warned. https://www.radiationresearch.org/wp-content/uploads/2023/01/Smart-meter-complaint-to-Energy-Supplier-and-Ombudsman-1-1.pdf
Appeals from Citizen Groups
- Palo Alto, California Appeal of Cell Tower by United Neighbors. June 7, 2021. United Neighbors Appeal Letter. 6.7.2
- Los Altos, California -Los Altan – Supports the Safe Deployment of 5G. https://www.losaltosresidents.org/5g-cellular
- San Francisco- Cheryl Hogan. Cell tower SF Board of Appeals brief Hogan Lehmann 2019. and speech from Cheryl Hogan June 19, 2019. Cell tower SF Board of Appeals speech Hogan 6-19-2019
Videos Appeals City Council
- San Francisco Appeal of Cell Towers. 2019. http://sanfrancisco.granicus.com/mediaplayer.php?clip_id=33493&view_id=192
Headlines
- FCC Tells DC Circ. To Toss 5.9 GHz Challenge. J. Edward Moreno. Oct 14, 2021. https://www.law360.com/articles/1430878/fcc-tells-dc-circ-to-toss-5-9-ghz-challenge
- DC Circ. Struggles To Solve 6 GHz Interference Problems. Sept17, 2021. 360 Law. https://www.law360.com/articles/1422976/dc-circ-struggles-to-solve-6-ghz-interference-problems
- JML Law Wins Appeal in ‘Unprecedented’ Disability Case Against LAUSD For Failure to Accommodate Teacher With Electromagnetic Hypersensitivity. March 26, 2021. JML Law. https://www.accesswire.com/viewarticle.aspx?id=637661&token=hzivngfkuma2h2xz6rhu&fbclid=IwAR0w3aFbSk8NZrC9OeokP4ggOJbFfflwCBsr4zBzyjpwYhhdbd4xBVKU_BI
- How the Rollout of 5G Could Affect Insurance Claims. Legal Talk Network. Aug 17, 2021. https://legaltalknetwork.com/podcasts/insurance-law-podcast-am-best/2021/08/how-the-rollout-of-5g-could-affect-insurance-claims/
- East Hamptons residents battle plan to improve spotty cell service. August 7, 2020. NYPost. https://nypost.com/2021/08/07/east-hamptons-residents-battle-plan-to-improve-cell-service/
- Pittsfield- Dr. Kent Chamberlins Slides Pittsfield Massachusetts Cell Tower. July 2021. Takeaways from the 5G New Hampshire commission . Dr. Kent Chamberlin.
- The ugly side of 5G: New cell towers spoil the scenery and crowd people’s homes.The Washington Post. July 12, 2021.Robet McCartney. https://www.washingtonpost.com/local/5g-towers-dewey-beach/2021/07/11/455e3866-e0f4-11eb-9f54-7eee10b5fcd2_story.html
- Fight over South Tahoe cell towers taken to federal court. Jan 29, 2021. Tahoe Daily Tribune. https://www.tahoedailytribune.com/news/fight-over-tahoe-cell-towers-taken-to-federal-court/
- Hoosiers fight against 5G towers near homes. Indianapolis Indiana. Dec 28, 2020. Fox News. https://fox59.com/news/politics/hoosiers-fight-against-5g-towers-near-homes/
- Court Rules For Verizon In 6-Year Battle Over Peabody Cell Tower. The Massachusetts Supreme Judicial Court ruled the wireless company met its burden to exhaust exploring alternatives for the 60-foot tower. Sept 24, 2020. https://patch.com/massachusetts/peabody/court-rules-verizon-6-year-battle-over-peabody-cell-tower
- The fight against 5G cell towers moves to Oceanside. If Encinitas can stop them, why not us? March 17, 2020. San Diego Reader. https://www.sandiegoreader.com/news/2020/mar/17/stringers-fight-5g-cell-towers-moves-oceanside/
- Neighbors fight proposed Verizon cell site in North Berkeley — again: A group of local residents celebrated three years ago when plans for a Verizon cell site in their neighborhood were dropped. Now, many of them are back at it. Feb 27, 2020. Berkeleyside. https://www.berkeleyside.org/2020/02/27/neighbors-fight-proposed-verizon-cell-site-in-north-berkeley-again
- Los Altos council denies Verizon, AT&T cell node appeals. Los Altos Town Crier. Dec 18, 2019. Melissa Hartman, https://www.losaltosonline.com/news/los-altos-council-denies-verizon-at-t-cell-node-
- Americans for Responsible Technology on Cell Towers. https://www.americansforresponsibletech.org/talking-points-ca
- Local governments push back on FCC for 5G towers. Feb 11, 2019. Tracy Press. https://www.ttownmedia.com/press_banner/news/local-governments-push-back-on-fcc-for-5g-towers/article_aa298958-2e27-11e9-81d0-f735d70722d6.html
- Cell Tower Controversy,Roll Over or Fight? Orange County. See California. http://www.seecalifornia.com/visit/cell-tower-controversy-roll-over-or-fight.html.
- Cell Tower in Your Neighborhood? Some experts warn of potential health risks. Birmingham, Alabama. July 22, 2019. ABC News. Cynthia Gould. https://abc3340.com/news/abc-3340-news-iteam/neighbors-fight-to-keep-cell-tower-out-of-their-communit
- Residents Hire Attorney to Fight Cell Tower Plan.Mahopac, NY. Dec 13, 2018. https://www.tapinto.net/towns/mahopac/sections/law-and-justice/articles/residents-hire-attorney-to-fight-cell-tower-planhttps://www.tapinto.net/towns/mahopac/sections/law-and-justice/articles/residents-hire-attorney-to-fight-cell-tower-plan
Videos of Cell Tower Disputes
- The Regulation of small cell towers. Kansas passes bill to limit city input. March 6, 2020. https://www.youtube.com/watch?v=8xMN3xSuVPU
- Neighbors fighting cell tower proposal. Property values at risk. NBC News. Feb 26, 2016. https://www.youtube.com/watch?v=Ty6Q9hWG26U
Court Reports Other
San Mateo Grand Jury Report on Cell Towers: Public Opposition and Revenue Source. 2011
Department of Public Health Reports
SF Department of Public Health Radiofrequency Program. https://www.sfdph.org/dph/EH/RadioFrequency/default.asp
See Also
- Wireless Radiation TV News. Safer EMR. https://www.saferemr.com/2018/04/wireless-radiation-tv-news.html