The U.S. Court of Appeals for the D.C. Circuit court ruled the Federal Communications Commission failed to provide a reasoned explanation for its determination that its current guidelines adequately protect against harmful effects of exposure to radiofrequency radiation.
Children’s Health Defense (CHD) won its historic case today against the Federal Communications Commission (FCC), a case challenging the agency’s decision not to review its 1996 health and safety guidelines regarding wireless-based technologies including 5G.
Watch press event which was held on Monday, Aug. 16 at 10 a.m. PT/1 p.m. ET.
The U.S. Court of Appeals for the DC Circuit published its decision Aug.13. The court ruled that the FCC failed to consider the non-cancer evidence regarding adverse health effects of wireless technology when it decided that its 1996 radiofrequency emission guidelines protect the public’s health.
The court’s judgment states:
“The case be remanded to the commission to provide a reasoned explanation for its determination that its guidelines adequately protect against harmful effects of exposure to radiofrequency radiation…”
CHD Chairman and attorney on the case Robert F Kennedy, Jr. said:
“The court’s decision exposes the FCC and FDA as captive agencies that have abandoned their duty to protect public health in favor of a single-minded crusade to increase telecom industry profits.”
CHD’s case was consolidated with another similar case that was filed by the Environmental Health Trust. The organizations filed joint briefs in the case.
CHD’s lead attorney for the case, Scott McCollough, a telecommunication and administrative law attorney who represented the petitioners in the hearing, said:
“This is an historic win. The FCC will have to re-open the proceeding and for the first time meaningfully and responsibly confront the vast amount of scientific and medical evidence showing that current guidelines do not adequately protect health and the environment.
The court’s decision continued to say:
“…the FCC completely failed to acknowledge, let alone respond to, comments concerning the impact of RF radiation on the environment…The record contains substantive evidence of potential environmental harms.”
The petitioners in the case filed 11,000 pages of evidence of harm from 5G and wireless technology which the FCC ignored, including evidence of already existing widespread sickness.