Appeals court gives FCC 30 days to answer CHD mandamus petition on wireless radiation limits

Children's Health Defense reports: The US Court of Appeals for the DC Circuit on 26 August ordered the FCC to respond within 30 days to CHD's petition for a writ of mandamus. The petition, filed in May, asks the court to force the FCC to comply with the 2021 mandate in the EHT-versus-FCC case, which found the agency's refusal to update its 1996 RF exposure limits arbitrary and capricious and which the FCC has ignored for five years. CHD attorneys call the order a necessary first step toward granting the petition, since the court could simply have ignored it. CHD notes the FCC has meanwhile adopted a four-fold power-limit increase for wireless devices and moved to end environmental reviews of cell towers.

Note: CHD reports on its own litigation; quotes are from its attorneys and program director. The court order and petition PDFs are linked in the article.

"This is a huge deal, and we are very pleased with the court’s order"

— Miriam Eckenfels, director of CHD's EMR & Wireless Program

"The FCC’s inaction to address the mountain of science on the health impacts of wireless radiation is nothing short of reckless"

— Miriam Eckenfels, director of CHD's EMR & Wireless Program

"What’s exciting here is this signals that the court is interested in the issue, and this is a necessary first step in granting the petition."

— Scott McCollough, chief litigator for CHD's EMR & Wireless cases

"While the FCC has been sitting on its hands and failing to protect the public from harmful levels of wireless radiation, it has been doing all it can to accelerate deployment of wireless infrastructure"

— Risa Evans, CHD staff attorney

"In addition to the Commission’s inadequate response to the non-cancer-related effects of RF radiation on human health, the Commission also completely failed even to acknowledge, let alone respond to, comments concerning the impact of RF radiation on the environment."

— US Court of Appeals, DC Circuit, 2021 ruling in EHT et al. v. FCC, as quoted by The Defender

⚖️ Appeals court gives FCC 30 days to answer CHD mandamus petition on wireless radiation limits

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