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⚖️ DC Circuit asked to retain jurisdiction and require an FCC answer on RF exposure rules within six months

October 14, 2026 (EMFS)
Oct 13, 2026 (original)
Source: Environmental Health Trust
Source category: Advocacy/NGO
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Environmental Health Trust reports on the latest filing in a case where, in 2021, the DC Circuit ordered the FCC to explain why it retained its 1996 radiofrequency exposure limits. After EHT sought a writ of mandamus, the FCC's September 25 response asked the court to deny the petition and said it might need at least nine months after the public-comment deadline to answer the 2021 remand. EHT and fellow petitioners have now filed a reply asking the court to retain jurisdiction and require the FCC, within six months, either to provide the reasoned explanation required by the remand for its 2019 order closing the inquiry and retaining the 1996 limits, or open a new rulemaking.
Note: Environmental Health Trust is a US nonprofit advocacy organisation and one of the petitioners in the litigation described here. This piece reports the petitioners' account of their filing.

Quotes

"EHT and its fellow petitioners filed a reply before the federal court of appeals (DC Circuit) requesting that the Court retain jurisdiction and require a filing by the FCC within six months, either providing a reasoned explanation or advising the Court that the FCC will institute a new rulemaking to revise the current thermal-only, human-specific rules."

— Environmental Health Trust

"The order required the FCC to provide a reasoned explanation for the Commission’s 2019 conclusion that its 1996 thermal-only radio-frequency exposure limits are adequate, despite pleas for compliance by EHT and others and a continually growing body of evidence of non-thermal harms from RF radiation below the 1996 limits."

— Joseph M. Sandri Jr., General Counsel, Environmental Health Trust

"And despite this step, the FCC’s actions before the Court and elsewhere make the Commission’s priorities crystal clear: it is focused on swift broadband deployment and is intent on eliminating every perceived “barrier” to deployment, including those protecting human health and the environment."

— Joseph M. Sandri Jr., General Counsel, Environmental Health Trust

"The five-year unexplained delay does not comport with the rule of reason, and the need for mandamus is not lessened by the mere possibility that the FCC might comply with the EHT order at some unspecified future date."

— Joseph M. Sandri Jr., General Counsel, Environmental Health Trust

Related coverage

Location

📍 United States of America

Map: United States of America

Source

EHT Legal News: Reply Brief filed in EHT v. FCC ehtrust.org

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