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Environmental Health Trust et al. v. FCC Key Documents

Jan 18, 2021

Environmental Health Trust et al. v. FCC

The U.S. Court of Appeals for the D.C. Circuit ruled the Federal Communications Commission (FCC) failed to provide a reasoned explanation for its determination that its wireless radiation guidelines -set in 1996- adequately protect against all harmful effects of exposure.  The legal case brought by Environmental Health Trust (EHT) challenged the agency’s 2019 decision not to change its 1996 health and safety guidelines regarding wireless-based technologies (including 5G).

The court held that the FCC failed 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.” Further, the agency demonstrated “a complete failure to respond to comments concerning environmental harm caused by RF radiation.” The court found the FCC ignored numerous organizations, scientists  and medical doctors who called on them to update limits and the court found the FCC failed to address these issues:

  • impacts of long term wireless exposure
  • impacts to children, 
  • the testimony of people injured by wireless radiation, 
  • impacts to wildlife and the environment 
  • impacts to the developing brain and reproduction.

Watch the press conference after the winning court judgment. 

“We are delighted that the court upheld the rule of law and found that the FCC must provide a reasoned record of review for the thousands of pages of scientific evidence submitted by Environmental Health Trust and many other expert authorities in this precedent setting case. No agency is above the law. The American people are well served,” said Dr. Devra Davis, president of Environmental Health Trust. 

EHT et al v FCC Key Documents

EHT Press Conference Amicus Briefs 

Petitioners filed 11,000 pages of evidence – 447 exhibits in 27 Volumes-  in support of their  claims documenting research indicating brain damage, memory problems, reproduction damage, synergistic effects, brain cancer, DNA and genetic damage, harm to trees, plants and birds and bees.

After reviewing more than 14,000 pages of petitioners’ evidence, the United States Court of Appeals for the District of Columbia Circuit ruled that the FCC’s 2019 decision not to update 1996 safety limits for wireless radiation was “arbitrary and capricious.”   

The Court found that the FCC did not provide evidence of properly examining evidence such as:

  • impacts of long-term wireless exposure
  • impacts to children 
  • the testimony of persons injured by wireless radiation 
  • impacts to the developing brain
  • impacts to the reproductive system
  • impacts to wildlife and the environment.

Scientific, Policy and Testimonial Evidence Filed in EHT et al., v FCC case

Download Each Volume to Read.

Download PACER Volume 1: Volume 1 Includes FCC Resolution of Notice of Inquiry Order and Notice of Inquiry

Download PACER Volume 2: Includes FCC; Comments & reply of the CTIA The Wireless Association & Mobile Manufacturers Forum  ET Docket No. 13-84

Download PACER Volume 3: Research Compilation; Abstracts of over 2,100 studies published between 1990 – 2017; Prof. Henry Lai.(Tab 7 Part 2)

Download PACER Volume 4: Includes Research Compilation; Abstracts of over 2,100 studies published between 1990 – 2017; Prof. Henry Lai.(Tab 7 Part 3)

Download PACER Volume 5: Includes Research Compilation; Abstracts of over 2,100 studies published between 1990 – 2017; Prof. Henry Lai.(Tab 7Part 4) Research Compilation; Abstracts ofOver 600 Studies Published BetweenAugust 2016- August 2019, Dr. Joel Moskowitz; 2019 (Tab 8 Part 1)

Download PACER Volume 6: Includes Research Compilation; Abstracts of Over 600 Studies Published BetweenAugust 2016- August 2019, Dr. Joel Moskowitz; 2019 (Tab 8 Part 2) Research Compilation; Abstracts of 15 New Studies, Dr. Joel Moskowitz Ph.D., 2016, Research Compilation; Studies and Documents; City of Pinole, CA

Download PACER Volume 7: Includes US Exposures Limits – A History of Their Creation, Comments and Explanations; Eng. Lloyd Morgan, Biosystem & Ecosystem; Birds, Bees
and Mankind: Destroying Nature by ‘Electrosmog’: Effects of Mobile Radio and Wireless Communication.Dr. Ulrich Warnke, Ph.D., 2007, Cancer; IARC Monograph: NonIonizing Radiation Part 2: RF EMFs,
2013 (Tab 13 Part 1)

Download PACER Volume 8: Includes BioInitiative Comments, Cancer; IARC Monograph: NonIonizing Radiation Part 2: RF EMFs, 2013 (Tab 13 Part 2), NTP; 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.
Environmental Research. Dr. RonMelnick; 2019 and more…

Download PACER Volume 9: Includes BioInitiative-Modulation; Section 15:Evidence for Disruption by Modulation Role of Physical and Biological Variables in Bioeffects of Non-Thermal Microwaves for Reproducibility, Cancer Risk and Safety Standards, (2012 Supplement), Bio Initiative Working Group; Preliminary Opinion on Potential Health Effects of Exposure to Electromagnetic Fields (EMF); 2014, Organizations; Environmental
Working Group Reply Comments and more…

Download PACER Volume 10:BioInitiative-Mechanisms of Harm; Percent Comparison Showing Effect vs No Effect, DNA (Comet Assay), 2017 and Free Radical (Oxidative Stress), 2019, Bio Initiative Working Group; Epidemiological Studies, RF fields epidemiology, Comments by Drs. Lennart Hardell, Fredrik Soderqvist PhD. and Michael Carlberg, MSc. Section 3.5.1.1 Epidemiological Studies (Exhibit B); 2014, BioInitiative Author; Statement of Prof. Martin Blank PhD., PhD.; 2016, and more…

Download PACER Volume 11: Dr. Paul Dart MD. (Petitioner) Comments, The Biological Effects of Weak Electromagnetic Fields, Problems and Solutions, Prof. Andrew Goldsworthy;2012, Dr. Richard Meltzer Comments, Radio Frequency (RF) Exposure: ACautionary Tale, Dr. Donald R. Maisch Ph.D. Comments, Biological Effects from RF Radiation at Low-Intensity Exposure, based on the BioInitiative 2012 Report, and the Implications for Smart Meters and Smart Appliances; Dr. Ron M. Powell, PhD.; 2013 and more…

Download PACER Volume 12: Organizations – Cyprus Government; Neurological and behavior effects οf Non-Ionizing Radiation emitted from mobile devices on children: Steps to be taken ASAP for the protection of
children and future generations. Presentation Slides; 2016,  Organizations; Austrian Medical Association, Environmental Medicine Evaluation of Electromagnetic Fields; Dr. Jerd Oberfeld MD.; 2007, Organizations; The American Academy of Pediatrics, Letter to the FCC; 2013 and more…

Download PACER Volume 13: Organizations; Appeal to the FCC Signed by 26,000 People and Organized by the Environmental Working Group, 2013 (Tab 68 Part 2), Organizations; Freiburger Appeal –
Doctors Appeal; 2002, Organizations; Benevento Resolution, The International Commission for Electromagnetic Safety (ICEMS), 2006, Organizations; The Porto Alegre Resolution; 2009 and more…

Download PACER Volume 14:  Mechanisms of Harm; Meta-Analysis, Oxidative mechanisms of biological activity of low-intensity radiofrequency radiation. Electromagn Biol Med (Yakymenko et al).; 2016, Mechanisms of Harm; Blood Brain Barrier; Increased Blood–Brain Barrier Permeability in Mammalian Brain 7 Days after Exposure to the Radiation from a GSM-900 Mobile Phone. Pathophysiology (Nittby,
Salford et al); 2009, Mechanisms of Harm; DNA Damage; Microwave RF Interacts with Molecular Structures; Dr. Paul Dart MD.; 2013 and more…

Download PACER Volume 15: Prenatal & Children; Doctors and Scientists Letters on Wi-Fi in Schools, Dr. Devra Davis PhD., President of
Environmental Health Trust (Petitioner) Comments, Children; Letter to Montgomery County Schools, Prof. Martha Herbert MD., PhD.; 2015, Neurological – Children; A Prospective Cohort Study of Adolescents’ Memory Performance and Individual Brain Dose of Microwave Radiation from Wireless Communication. Environ Health Perspect. (Foerster et al); 2018, Prenatal & Children; Cell phone use
and behavioral problems in young children. J Epidemiol Community Health. (Divan et al); 2012 and more…

Download PACER Volume 16: Prenatal & Children; “Cell Phones & WiFi – Are Children, Fetuses and Fertility at Risk?”; 2013, Prenatal & Children; Safe Schools 2012, Medical and Scientific ExpertsCall for Safe Technologies in Schools,Prenatal & Children – Stem Cells; Microwaves from Mobile Phones Inhibit 53BP1 Focus Formation in Human Stem Cells More Strongly Than in Differentiated Cells: Possible Mechanistic Link to Cancer Risk. Environmental Health Perspectives (Markova, Belyaev et al); 2010,  Radiation Sickness – Children; Angela Tsiang Comments and more…

Download PACER Volume 17: 5G; FCC Chairman Tom Wheeler ‘The Future of Wireless: A Vision for U.S. Leadership in a 5G World’; 2016, 5G; Letter to House Subcommittee on Communications and Technology;
Angela Tsiang; 2016, 5G; Ask Congress to Vote No, We Are The Evidence Fact Sheet; 2016, 5G; 5G Spectrum Frontiers -The Next Great Unknown Experiment On Our Children, Compilation of Letters to
Congress; 2016, 5G;What You Need To Know About 5G Wireless and “Small” Cells and more…

Download PACER Volume 18: Cell Phones; Research Abstracts of Over 700 Studies Showing Health Effects from Cell Phone Radio Frequency Radiation; Prof. Henri Lai ,(Tab 142 Part 2), Cancer – Brain Tumors; Using the Hill viewpoints from 1965 for evaluating strengths of evidence of the risk for brain tumors associated with the use of mobile and cordless phones. Rev Environ Health. (Hardell and Caarlsberg); 2013 , Cancer-Brain Tumors; Mobile phone use and brain tumor risk: early warnings, early actions? (Gee, Hardell Carlsberg) (Chapter 21 of Report: “Late lessons from early warnings: science, precaution”); 2013, Jullian Gehman Esq. Comments and more…

Download PACER Volume 19: Dr. Joel Moskowitz PhD. Reply Comments, Why the FCC Must Strengthen Radiofrequency Radiation Limits in the U.S., Cancer – Children; Cell Phone Radiation: Science Review on Cancer Risks and Children’s Health; Environmental Working Group; 2009, Cell Phones – Plants; Review: Weak Radiofrequency Radiation Exposure From Mobile Phone Radiation on Plants. Electromagnetic
Biology and Medicine (Malka N. Halgamuge); 2016, Testing; Microwave Emissions From Cell Phones Exceed Safety Limits in Europe and the US When Touching the Body. IEEE Access. Prof. Om P.
Gandhi PhD.; 2019, Testing – Children; Absorption of wireless radiation in the child versus adult brain and eye from cell phone conversation or virtual reality. Environmental Research. (C. Fernandez et al); 2018 and more…

Download PACER Volume 20: Industry Influence; World Health Organization, Radiofrequency Radiation and Health – a Hard Nut to Crack (Review). International Journal of Oncology. Prof. Lennart Hardell
MD. PhD.; 2017, Industry Influence; Business Bias As Usual: The Case Of Electromagnetic Pollution. Prof. Levis, Prof. Gennaro, Prof. Garbisa, Industry Influence; Prof. Martha Herbert MD PhD., Harvard Pediatric
Neurologist Letter to Los Angeles Unified School District; 2013, Industry Influence; The Procrustean Approach: Setting Exposure Standards for Telecommunications Frequency Electromagnetic Radiation, Dr. Donald
Maisch PhD.; 2009 (Tab 172 Part 1)

Download PACER Volume 21: Industry Influence; The Procrustean Approach: Setting Exposure Standards for Telecommunications Frequency Electromagnetic Radiation, Dr. Donald Maisch PhD.; 2009 (Tab 172 Part 2), Industry Influence; Illusion and Escape: The Cell Phone Disease Quagmire. Dr. George L. Carlo PhD., JD.; 2008, Industry Influence; Quote of Prof. Henry Lai PhD from NY Times Article about Percent of Negative
Studies Funded By Industry; 2013,  Industry Influence; Warning: Your Cell Phone May Be Hazardous to Your Health. Christopher Ketcham, GQ; 2010 and more…

Download PACER Volume 22: US Agencies; US Naval Medical Research Institute. Bibliography of Reported Biological Phenomena (“Effects”) and Clinical Manifestations Attributed to Microwave and Radio-frequency
Radiation; 1971 (Tab 185 Part 2), US Agencies; US Department of Labor Comment,  Radiation Sickness; Exemption for Fire stations, California Assembly Bill No. 57 (2015), codified at Cal. Gov. Code 65964.1, Radiation Sickness – Firefighters; Susan Foster Comments, Radiation Sickness; Electromagnetic Hypersensitivity, Dr. Erica MalleryBlythe; 2014 and more…

Download PACER Volume 23: Radiation Sickness; Brent Dalton Comments, Radiation Sickness; Elizabeth Barris (Petitioner) Comments, Radiation Sickness; Olemara Comments, Radiation Sickness;
Melissa White Comments, Radiation Sickness; Carol Moore Comments, Radiation Sickness; Michele Hertz (Petitioner) Comments and more…

Download PACER Volume 24: Radiation Sickness; Catherine Morgan Comments, Radiation Sickness; Angelica Rose Comments, Radiation Sickness; Brian J. Bender Comments, Radiation Sickness;
Maggie Connolly Comments, Radiation Sickness; Gregory Temmer Comments, Radiation Sickness; Bernice Nathanson Comments, and more…

Download PACER Volume 25: Radiation Sickness; Testimonials of Twelve People; 2013, Radiation Sickness; Testimonials of Nine People; 2013, Radiation Sickness; Testimonials of Twenty People, Collected by
StopSmartMeters; 2013, Radiation Sickness: Doctor’s Diagnosis Letter for Peter Rose; 2010, Radiation Sickness; Doctor’s Diagnosis Letter for Steven Magee, European Manifesto in support of a
European Citizens’ Initiative (ECI) and more…

Download PACER Volume 26: Individual Rights; R. Paul and Kathleen Sundmark Reply Comments, Individual Rights & ADA; Cynthia Edwards Comments, Individual Rights; Diana Ostermann
Comments,  Individual Rights; BC Human Rights Tribunal approves smart meter class action, Citizens for Safe Technology, and more...

Download PACER Volume 27

Important Video Resources

 

Amicus Briefs 

EHT’s case was  consolidated with a separate case filed by Children’s Health Defense, Michelle Hertz, Petra Brokken, Dr. David O. Carpenter, Dr. Toril Jelter, Dr. Paul Dart, Dr. Ann Lee, Virginia Farver, Jennifer Baran and Paul Stanley MEd. Briefs were then jointly filed along the appendix by all petitioners.