Landmark Legal Victory Against the FCC: Protecting Public Health from Wireless Radiation

In a historic legal decision, the Environmental Health Trust (EHT) triumphed over the Federal Communications Commission (FCC) in a case that challenged the FCC’s stance on the safety of wireless radiation. The United States Court of Appeals for the District of Columbia Circuit found the FCC’s 2019 decision to maintain its 1996 safety limits for wireless radiation exposure “arbitrary and capricious.”

Background of the Case

The FCC’s Stance and EHT’s Challenge:

• FCC’s 1996 Safety Limits: The FCC, since 1996, had established safety limits for human exposure to wireless radiation, which remained unchanged despite significant advancements in wireless technology.
• EHT’s Legal Challenge: EHT, along with other environmental and health groups, filed a lawsuit arguing that the FCC ignored scientific evidence demonstrating the harmful effects of wireless radiation, especially in the era of 5G technology.

Court’s Findings and Ruling

Key Points of the Court’s Decision:

1. Neglect of Scientific Evidence: The court criticized the FCC for failing to respond to evidence showing that exposure to RF radiation at levels below the Commission’s current limits might cause health effects unrelated to cancer.
2. Environmental Impact Ignored: The FCC was found to have completely neglected comments concerning the environmental harm caused by RF radiation.
3. Failure to Address Specific Concerns: The court noted that the FCC ignored various concerns, including the impacts of long-term wireless exposure, effects on children, testimony from individuals injured by wireless radiation, and the impact on wildlife and the environment.

Press Conference and Key Statements

EHT’s Response to the Ruling:

• Press Conference: On August 16, 2021, EHT held a press conference featuring Dr. Devra Davis, Dr. Hugh Taylor, attorney Edward B. Myers, Theodora Scarato, and other key figures.
• Dr. Devra Davis’ Statement: She expressed satisfaction with the court upholding the rule of law and emphasized the need for a reasoned review of the scientific evidence submitted by EHT and other authorities.

Implications of the Court’s Decision

Mandates for the FCC:

1. Reevaluation of Testing Procedures: The FCC must provide a reasoned explanation for its decision to retain its current testing methods for cell phones and other devices.
2. Addressing Broad Concerns: The commission is ordered to address the impacts of RF radiation on children, long-term exposure effects, the ubiquity of wireless devices, and technological developments since the last guidelines update.
3. Environmental Impact: The FCC must address the environmental impacts of RF radiation.

Responses from Other Stakeholders

Statements from Various Experts and Organizations:

• Health Experts: Health experts, including those from the American Academy of Pediatrics, expressed the importance of the court’s ruling in addressing the health impacts on children.
• Legal Perspective: Legal experts pointed out that the FCC’s reliance on other agencies like the FDA was insufficient as the FDA’s conclusions lacked proper explanation.
• Advocates’ Views: Wireless safety advocates and environmental groups welcomed the ruling, emphasizing the need for updated and scientifically-backed safety limits.

EHT’s Role and Contributions

EHT’s Dedication to Public Health:

• A Decade of Work: EHT has been at the forefront of raising awareness about the health effects of electromagnetic radiation, organizing scientific conferences, and publishing studies on the topic.
• Leadership of Dr. Devra Davis: Dr. Davis has been a pivotal figure in this movement, bringing her extensive experience in environmental health to the forefront of the battle against inadequate wireless radiation safety standards.

Conclusion and Moving Forward

Next Steps in the Wake of the Ruling:

• Need for Congressional Action: EHT calls for a congressional hearing to investigate the FCC’s past actions and ensure accountability.
• Focus on Wired Infrastructure: EHT advocates for prioritizing wired over wireless internet connections to reduce public exposure to radiation.
• Continued Advocacy and Education: EHT remains committed to educating the public and policymakers, aiming for robust and scientifically grounded regulations on wireless radiation.

Keeping Informed

Staying Updated with EHT:

• Newsletter Subscription: Interested individuals can sign up for EHT’s newsletter for the latest news and updates on environmental health issues.
• Comprehensive Coverage: For those seeking more detailed information, EHT provides extensive resources, including transcripts, news coverage, and scientific publications related to the case.

This ruling marks a significant milestone in the ongoing effort to ensure public health safety in the face of growing wireless technology. It highlights the need for regulatory bodies to keep pace with scientific advancements and prioritize the well-being of citizens and the environment.