Monday, August 23, 2021
DC Circuit Remands RF Emissions Rules
Earlier this month, the U.S. Court of Appeals for the DC Circuit remanded to the FCC the agency’s decision not to open a proceeding to amend its current radio frequency (“RF”) emissions exposure rules (Vol. XVI, Issue 49). In 2013, the Commission issued a Notice of Inquiry (“NOI”) to gather information about the effectiveness of the agency’s existing RF safety rules, which had remained largely unchanged since 1996. The FCC resolved this NOI in 2019 by determining that the rules should remain unchanged. Several groups and individuals challenged this determination in the Court and argued, among other things, that the Commission failed to consider information in the record regarding the ubiquity of wireless devices and changing nature of wireless deployments. The U.S. Court of Appeals for the DC Circuit agreed.
Though the Court took no position on the scientific debate regarding the health and environmental effects of RF radiation, it determined that the Commission’s “cursory analysis of material record evidence was insufficient as a matter of law.”
The Court remanded the case to the FCC and ordered the agency to “provide a reasoned explanation for its determination that its guidelines adequately protect against harmful effects of exposure to radiofrequency radiation unrelated to cancer.”
The Court said the FCC “must, in particular, (i) provide a reasoned explanation for its decision to retain its testing procedures for determining whether cell phones and other portable electronic devices comply with its guidelines, (ii) address the impacts of RF radiation on children, the health implications of long-term exposure to RF radiation, the ubiquity of wireless devices, and other technological developments that have occurred since the Commission last updated its guidelines, and (iii) address the impacts of RF radiation on the environment.”
Online link to National Law Review, “Telecom Alert: DC Circuit Remands RF Rules” August 25, 2021
Watch EHT’s press conference after the historic win.
Read more news coverage of EHT et al. v FCC
- Jackson Hole News Guide, Jackson Hole-based Environmental Health Trust wins lawsuit against FCC over radiation guidelines, Tom Halberg, August 17, 2021
- National Law Review, “Telecom Alert: DC Circuit Remands RF Rules” August 25, 2021
- Consumer Electronics Daily, RF Safety Advocates Urge FCC to Hire New Experts, Build Revised Record, Howard Buskirk, August 18, 2021
- Consumer Electronics Daily Divided DC Circuit Remands 2019 RF Order to FCC, by Howard Buskirk, August 16, 2021
- Public News Service, Advocates Press for New Cell-Phone Radiation Limits After Court Victory Suzanne Potter, Aug 16, 2021
- Bloomberg Law: FCC Ordered to Explain Cell Phone Radiation Guidelines (2) by Maya Earls, August 13, 2021
- TR Daily: D.C. Circuit Remands Wireless RF Radiation Case to FCC for Reasoned Explanation of Order, by Paul Kirby August 13, 2021
- Law 360: DC Circ. Orders FCC To Revisit Possible 5G Wireless Harms,
- Multichannel News, D.C. Court Smacks Down FCC Decision to Keep 5G RF Emission Standards by John Eggerton August 13, 2021
- The Times of Israel: The FCC has fallen to the sword of Lady Justice!, Paul Ben ishai
- AGL Media, Court Orders FCC to Explain Cell Phone Radio-frequency Radiation Guidelines, Don Bishop
- Politico Morning Tech, Are We Reading The Same Court Ruling? — Wireless safety advocates and a wireless industry group both reacted positively to a D.C. circuit court ruling, August 16, 2021
- Italy News BYOBLU24 5G Lawsuit in USA (Start video at minute 7:30) August 16, 2021
- Telecom Paper Court orders FCC to reconsider RF radiation limits on mobile devices, August 17 2021
- Law Street Media: D.C. Circuit Remands Radiofrequency Radiation Order to FCC
- Bethesda Beat, D.C. Court of Appeals rules FCC must provide more information related to 5G by Steve Bohnel, August 16, 2021
https://ehtrust.org/national-law-review-features-dc-circuit-ruling-on-fcc-and-wireless-safety-limits/ Source: Environmental Health Trust
