Washington, DC, Aug. 16, 2021 (GLOBE NEWSWIRE) – Children’s Health Defense (CHD) has won its historic trial against the Federal Communications Commission (FCC) and challenged the agency’s decision to base its 1996 health and safety guidelines on wireless Technologies, including 5G. Register here for CHD’s press conference, which begins today at 10:00 a.m. PT / 1:00 p.m. ET.
On Friday, August 13th, the US Court of Appeals for the DC Circuit published its decision. The court ruled that the FCC’s failure to provide a reasoned explanation for its finding that its radio frequency (RF) emissions guidelines of 1996 adequately protect the public from the harmful effects of radiation from 5G and wireless technologies unrelated to cancer do have decision arbitrary, arbitrary and not based on evidence, in violation of the Administrative Procedure Act (VwVG). The judgment referred the decision back to the Commission.
According to the court, the analysis submitted by the US Food and Drug Administration, which the FCC relied on in its decision, was also not evidence-based and did not meet the level of analysis required by a government agency. The court also dismissed the FCC’s attempt to interpret the silence of other authorities as consent.
“The court’s decision exposes the FCC and FDA as trapped authorities who have given up their public health obligations in favor of a single-minded crusade to increase telecommunications industry profits,” said CHD chairman and an attorney on the case, Robert F Kennedy, Jr.
Over a thousand comments and extensive evidence of damage from radiation well below the guidelines’ allowances have been submitted to the FCC by scientists, medical organizations, communities and individuals infected with illnesses from this technology. The petitioners submitted 11,000 pages of such evidence. The court ruled that the FCC’s failure to respond also made the decision capricious and arbitrary.
Based on the petitioner’s pleadings, the court referred to evidence of radiation sickness (electrosensitivity), neurological effects, oxidative stress (a causal mechanism of damage), effects on sperm and prenatal exposure and damage to the blood-brain barrier. It stressed that the FCC had failed to respond to evidence of the effects on children, particularly regarding cell phone testing procedures.
“The FCC will finally have to face the immense suffering already caused by the unprecedented inefficiency of the FCC and the FDA,” said attorney Dafna Tachover, CHD director of the 5G and Wireless Harms Project, who initiated and led the case for CHD Has. “The truth has finally come to light. I hope that after this decision the FCC will finally act in the public interest, warn the public to reduce exposure and stop any further use of cellular communications and 5G. “
The FCC guidelines test for a 30 minute exposure from a single device and only consider thermal effects on the tissue. The court found that the FCC did not respond to evidence showing that the guidelines fail to take into account elements that may be critical to the development of non-thermal effects, including long-term exposure to RF radiation; the effects of pulsation and modulation (two methods of penetrating radio waves with information) were also not taken into account.
Evidence related to the impact of technological developments since 1996, including the ubiquity of wireless devices, Wi-Fi, and the advent of “5G” technology, has also been ignored by the FCC.
The court found that the FCC had completely failed to recognize and respond to evidence of environmental damage. It cited a 2014 letter from the U.S. Department of the Interior expressing concern that radiation from cell phone towers is affecting migratory birds, and concluded that FCC guidelines are 30 years out of date.
Regarding the court’s decision, Scott McCollough, a telecommunications and administrative law attorney, CHD’s chief attorney on the case said, “This is a historic victory. The FCC will reopen the process and, for the first time, will have to reasonably and responsibly confront the multitude of scientific and medical evidence that shows that current guidelines do not adequately protect health and the environment. ”
In 2013, the FCC opened an investigation note asking for comments on whether the Commission should initiate a regime to amend its 1996 guidelines. In December 2019, the FCC concluded that no rule-making was required. As a result, CHD filed the case on February 2, 2020 to contest the FCC’s decision. A similar case was filed by the Environmental Health Trust. The cases have been consolidated. CHD and EHT submitted joint pleadings.
Child health defense was represented by Robert F. Kennedy, Jr. and Scott McCollough.
READ MORE: Historic Victory: CHD Wins Case Against FCC Over 5G and Wireless Security Policy
SPEAKER:
Robert F. Kennedy Jr., Chairman and Chief Legal Council, Children’s Health Defense
Mary Holland, President and General Counsel, Child Health Defense
Dafna Tachover, Director of the 5G and Wireless Harms Project, Children’s Health Defense
Scott McCollough, Esq., Attorney, child health defense
David Carpenter MD, professor of public health, co-editor of the BioInitiative report and complainant in the case of CHD
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Children’s Health Defense is dedicated to the health of people and our planet. Our mission is to end the child health epidemics by working aggressively to eliminate harmful exposures, hold those responsible to account, and take safety precautions to prevent future harm.
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