Law360 (July 30, 2020, 5:34 PM EDT) — The Federal Communications Commission failed to address scientists’ and individuals’ health concerns when it concluded its current wireless safety guidelines are still sufficient for the 5G era, two nonprofits told the D.C. Circuit on Wednesday.

In an opening brief, the Children’s Health Defense and the Environmental Health Trust argued the agency glossed over crucial evidence when it found in December that its radiofrequency-exposure limits — established in 1996 — still provide adequate protection.

“The FCC received an enormous number of peer-reviewed scientific and medical studies, analyses, and reports demonstrating a consensus of the scientific community that radiofrequency radiation is harmful and sometimes lethal to individuals and the environment,” the brief says. “The factual record in this case is strong. Yet the Order gives no consideration to most of the evidence presented to it.”

The case, filed in late January, argues that the FCC’s rules don’t go far enough to protect consumers, especially when those exposed to long-term or multiple sources of radiation. The rules also “do not provide for sensitive or vulnerable populations,” according to the brief.

Last year, the FCC revisited its wireless safety standards and found that the current regulations are among the strictest worldwide, making them still effective in protecting people from harmful wireless transmissions.

But according to the lawsuit, the rules don’t control for conditions like radiation sickness, which the suit says causes symptoms such as memory loss and fatigue when individuals are exposed to a high volume of invisible radio waves. Prolonged exposure can also impair development in children and is associated with negative environmental impacts, the suit claims.