Children's Health Defense Files Lawsuit on FCC

STATEWIDE - Children’s Health Defense filed a petition in federal court Monday seeking to compel the Federal Communications Commission to comply with a 2021 court order on radiofrequency radiation exposure limits.

The nonprofit group asked the U.S. Court of Appeals for the District of Columbia Circuit to issue a writ of mandamus directing the FCC to explain within 90 days how its existing guidelines adequately protect the public and the environment from potential harm caused by wireless radiation. The petition also requests a 45-day status update and asks the court to halt certain FCC initiatives speeding up wireless infrastructure deployment until the agency complies.

In its 2021 ruling in Environmental Health Trust et al. v. FCC, the appeals court found the FCC’s decision not to update its 1996 radiofrequency exposure limits was “arbitrary and capricious.” The court said the agency failed to adequately address evidence of non-cancer health effects, impacts on children, and potential environmental harm from wireless technologies, including 5G.

The FCC has not set a new deadline for compliance since the ruling, according to the petition.

“Instead of taking any steps to comply with the order, the Commission has taken significant steps to hasten nationwide buildout of wireless infrastructure,” the filing states.

Children’s Health Defense, along with the Environmental Health Trust and several individuals claiming harm, filed the new case, CHD et al. v. FCC. Lead attorney W. Scott McCollough said the court clerk confirmed receipt of the petition Monday.

Miriam Eckenfels, director of CHD’s Electromagnetic Radiation and Wireless Program, said in a statement that the FCC’s limits are outdated and do not account for modern wireless technologies that expose people 24/7.

“People need to understand that the court held five years ago that the FCC’s RF exposure limits are outdated, failed to consider tens of thousands of studies showing harm of RF radiation, do not protect children, and do not consider the newer and omnipresent wireless technology,” Eckenfels said.

The petition includes studies published since 2019 documenting potential biological effects of radiofrequency radiation, including cancer, DNA damage, oxidative stress and effects on sperm quality.

The case stems from the FCC’s 2019 decision to maintain its 1996 guidelines without further review, despite receiving more than 11,000 pages of scientific evidence submitted by advocates. Petitioners argued the agency ignored reports of electromagnetic radiation sickness and environmental impacts.

Attorney Risa Evans, who helped prepare the filing, said the FCC’s continued inaction, combined with its efforts to ease cell tower deployment, justifies the extraordinary remedy of mandamus.

The FCC has also faced criticism for previously discovered cases in which some popular cellphones exceeded federal radiation limits when held close to the body, information that was not publicly disclosed until obtained through a Freedom of Information Act request.