"The Supreme Judicial Court of Massachusetts ruled that local health authorities cannot require changes to a Verizon cell tower that complies with federal radiofrequency limits. The ruling affirmed a lower court decision in a case brought by Pittsfield residents who said the tower made them sick, and the court said they must seek a remedy at the federal level, according to Children's Health Defense."
"According to the ruling, federal law preempts state and local action on radiofrequency emissions from facilities that meet Federal Communications Commission standards. The question of whether FCC radiation guidelines preempt state safety and health laws has been "left unresolved for more than a decade," allowing telecommunication companies to avoid facing personal injury claims, according to plaintiffs in a lawsuit against Apple."
"W. Scott McCollough, lead litigator for Children's Health Defense and attorney for the plaintiffs, said the court told residents there is no remedy at the state level. McCollough said the FCC has no statutory process for individual complaints of this kind and historically has prioritized industry interests, he told The Defender."
"The FCC has not updated its radiofrequency radiation limits in 30 years, and the limits are based on short-term animal studies from 1977, 1982, and 1984, according to Miriam Eckenfels, director of Children's Health Defense's EMR and Wireless Program. Eckenfels said the families near the Pittsfield tower were injured at a fraction of the FCC's allowed radiation, and the agency currently has no limit accounting for long-term exposure."
Location
📍 Pittsfield, Massachusetts, United States
