Watch EHT’s Video of Oral Arguments HERE

“I am inclined to rule against you” stated Judge Robert L. Wilkins to the FCC.

We had our day in court. The truth was on our side and the judges asked excellent questions indicating that they read the scientific and policy evidence EHT submitted to the FCC over the last decade now used as evidence in the case.

Environmental Health Trust et al v. FCC is an historic case aimed at getting the FCC to reconsider, revise, and update its 24-year old exposure limits for radiofrequency radiation (RFR) from cellphones, cell towers, Wi-Fi networks, smart meters, and other wireless communication devices and facilities.

“I’m just going to be very upfront with why I am inclined to rule against you,” stated Judge Robert L. Wilkins to FCC counsel Ashley S. Boizelle questioning how the FCC determined safety evaluations had been completed.

“And so I’m just trying to understand how the FDA coming back and talking about cellphones that are in a holster—where nobody keeps them anymore—or in a purse when they’re not being used is at all… and looking only at cancer is at all relevant to an Inquiry, again, into the effect of this radiation frequency from multiple devices that are used in entirely different ways now, in entirely different volume, and throughout the population, including children who live on iPads.” – Judge Patricia Ann Millet

Major Press Coverage Followed the Court Hearing

Washington DC Top News: (WTOP) “Federal appeals court hears case on FCC’s 5G safety standards“
Law 360: “DC Circ. Picks Apart FCC Over 5G Wireless Safety Review“
Broadcasting and Cable: “Court Hears Challenge to FCC’s 5G Radiofrequency Guidelines”
Bloomberg Law: U.S. — FCC Faces Skeptical Appeals Judges in Radiation Emissions Case

“A federal appeals panel in Washington voiced skepticism that the Federal Communications Commission had adequately considered dangerous health effects when it established guidelines for radiation emission from cell towers and wireless devices…”

— Bloomberg Law

“Dr. Devra Davis, an epidemiologist with the trust, said the standards that were set for testing 5G were set 24 years ago. “They’re out of date,” Davis said, “and they cannot adequately reflect a technology that did not exist and was not even on the drawing boards when those test systems were developed.”

— WTOP News Kate Ryan

“Environmental Health Trust has worked for over a decade to protect the public from radiofrequency radiation, testified to Congress and published critical research on why children are more vulnerable,” said Devra Davis PhD, MPH, President and founder of Environmental Health Trust. “The FCC has ignored our extensive submissions to the FCC over the years which clearly document harm. As the legacies of lead, asbestos, and tobacco teach us, this issue deserves the immediate attention of our federal government in order to protect our children’s healthy future.”

EHT et al. v. FCC Key Resources

Key Documents

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
Link to thousands of pages of evidence used in the case such as as studies and court cases referenced.

Amicus Briefs

Amicus of NRDC: Natural Resources Defense Council
Amicus of Attorney Joe Sandriincluding 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

Docket Links

EHT Press Conference Following Oral Arguments 2021

Dr. Devra Davis Explains The Case

Experts Filed Amicus Briefs

The NRDC filed an amicus brief in the Petitioners’ case on the need for environmental review signed onto by Mayors and Councilmembers from Maryland, Massachusetts, Michigan, California and Hawaii. Telecom attorney Joe Sandri filed an Amicus Brief quoting Dr. Linda Birnbaum, former Director of the National Institute of Environmental Health Sciences of the National Institutes of Health and former Director of the National Toxicology Program (NTP), stating, “Overall, the NTP findings demonstrate the potential for RFR to cause cancer in humans.” The Building Biology Institute and Kleiber family filed Briefs on injuries sustained from exposures allowed by FCC exposure guidelines.”

Click on the Volumes Below to See the Links to the Massive Evidence Filed in EHT et al v. FCC

Petitioners filed 11,000 pages of evidence – 447 exhibits in 27 Volumes- in support of their claims. Environmental Health Trust researchers filed 60 of the 447 exhibits.

Download Volume 1:Volume 1 Includes FCC Resolution of Notice of Inquiry Order and Notice of Inquiry
Download Volume 2:Includes FCC; Comments & reply of the CTIA The Wireless Association & Mobile Manufacturers Forum ET Docket No. 13-84
Download Volume 3:Research Compilation; Abstracts of over 2,100 studies published between 1990 – 2017; Prof. Henry Lai.(Tab 7 Part 2)
Download Volume 4: Includes Research Compilation; Abstracts of over 2,100 studies published between 1990 – 2017; Prof. Henry Lai.(Tab 7 Part 3)
Download Volume 5:Includes Research Compilation; Abstracts of over 2,100 studies published between 1990 – 2017; Prof. Henry Lai.(Tab 7 Part 4) Research Compilation; Abstracts of Over 600 Studies Published BetweenAugust 2016- August 2019, Dr. Joel Moskowitz; 2019 (Tab 8 Part 1)
Download Volume 6:Includes Research Compilation; Abstracts of over 600 Studies Published Between August 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 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 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. Ron Melnick; 2019 andmore…
Download 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), Bioinitiative Working Group; Preliminary Opinion on Potential Health Effects of Exposure to Electromagnetic Fields (EMF); 2014, Organizations; Environmental Working Group Reply Comments andmore…
Download 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 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: A Cautionary 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 andmore…
Download Volume 12:Organizations – Cyprus National Committee on Environment and Children’s Health, 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 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 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 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 Volume 16:Prenatal & Children; “Cell Phones & WiFi – Are Children, Fetuses and Fertility at Risk?”; 2013, Prenatal & Children; Safe Schools 2012, Medical and Scientific Experts Call 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 andmore…
Download 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; Tsiang; 2016, 5G; Ask Congress to Vote No, 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 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 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 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) and more.
Download 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 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 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 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 Volume 25:Radiation Sickness; Testimonials of Twelve People; 2013, Radiation Sickness; Testimonials of Nine People; 2013, Radiation Sickness; Testimonials of Twenty People, Collected byStopSmartMeters; 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 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, andmore...
Download Volume 27: Testing – Children; Exposure Limits: The underestimation of absorbed cell phone radiation, especially in children. Electromagnetic Biology and Medicine (Gandhi et al); 2011, BioInitiative Reply Comments, Environmental Health Trust INTERNATIONAL POLICY BRIEFING: Cautionary Policy on Radiofrequency Radiation Actions by Governments, Health Authorities and Schools Worldwide

Judge Wilkins to the FCC: “I Am Inclined to Rule Against You” Video, Court Transcript and Press Conference Replay