The U.S. Court of Appeals for the DC Circuit has ruled that the Federal Communications Commission (FCC) must reexamine its health and safety guidelines for 5G and other wireless based technologies
The case was filed in early 2020 by the Environmental Health Trust. Another petitioner, the Children’s Health Defense, which is chaired by Robert F. Kennedy, Jr., filed its own lawsuit but decided to file joint briefs with Environmental Health Trust as recommended by the court. Last Friday, the court ruled that the FCC’s decision in 2019 that its 1996 radio frequency emission guidelines adequately protect the public was capricious, arbitrary, and not evidence-based, in violation of the Administrative Procedures Act. The court also found that the analysis provided by the U.S. Federal Drug Administration, on which the FCC relied for its decision, was also not evidence-based.
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Read More About the FCC Lawsuit
Read the Lawsuit Documents
Final Court Ruling
Briefs and Evidence
- Full Opening Brief of Petitioners, August 14, 2020
- FCC Reply Brief to Petitioners, September 22, 2020
- Petitioner’s Reply to the FCC and Addendum to Petitioners Reply to the FCC,October 19, 2020
- Submissions the January 25, 2021 oral argument
Amicus Briefs
- Amicus of NRDC: Natural Resources Defense Council
- Amicus of Attorney Joe Sandri, including the declaration of Dr. Linda Birnbaum, former Director of the National Institute of Environmental Health Sciences
- Amicus of Catherine Kleiber
- Amicus of the Building Biology Institute
