CHD v FCC – 1/26 Press Conference for Oral Arguments
Join CHD's legal team Discussion of 1/25 Oral Arguments
On January 25 we had oral arguments in our landmark case against the Federal Communications Commission (FCC) in the U.S. Court of Appeals for the District of Columbia. The hearing went VERY WELL.
Also see transcript.
Our case challenges the FCC's refusal to review its 25-year-old obsolete wireless "health guidelines" and to adopt scientific, biologically based radio frequency emissions rules that adequately protect public health from wireless devices and infrastructure, including 5G. After the hearing, we do indeed feel that we are closer than ever to FCC accountability!
Both Children's Health Defense and the Environmental Health Trust filed cases against the FCC but filed the briefs jointly. While EHT has been represented by attorney Ed Meyers, because of a court decision that only one attorney will be allowed to present, Scott McCollough, CHD's attorney, represented both CHD and EHT Petitioners in oral arguments.
The judges asked excellent questions and showed in-depth knowledge of the case. The honorable Judge Wilkins, a chemical engineer by training, told the FCC: "I am inclined to rule against you," which is a rare and strong statement from a judge.
The honorable Judge Millet consistently pushed the FCC to answer why the FCC and/or the FDA didn't review the evidence on non-cancer effects of wireless technology; why they addressed only cell phones when there is evidence on effects from various other devices and infrastructure; and why they didn't address the cumulative effects from the chronic exposure for numerous devices.
Judge Millet said to the FCC attorney: "How was it reasonable for the FCC to rely so heavily on a response from the FDA that … did not address the very things you asked for information on: other devices, the use of multiple devices and physical harms other than cancer?"
On Tuesday, January 26, 2021, at 5 p.m. EST (2 p.m. PST), we will hold a virtual press conference to discuss the oral arguments and the case.
Register for Press Conference
Oral Arguments Transcript
Oral Arguments Audio – 84MB
Read The Defender Article about the Petitioners' Submission of 11,000 pages of evidence.
Robert F. Kennedy Jr., CHD's Chairman and co-counsel in the case
Scott W. McCollough, CHD's attorney on this case
Dafna Tachover, CHD Director of the 5G and Wireless Harm Project
Briefs Filed in the Case
Petition for Review
Opening Brief
FCC Brief
Reply Brief
The January 25th hearing concludes our work on the case. Now we wait for the Court's decision. We expect to have a decision within six months.
This hearing concludes an intense work over 13 months. CHD's team feels content that they did the best job they could and that no resource was spared. We thank our wonderful attorney, Scott McCollough. We also would like to thank the Environmental Health Trust team including its Chairman, Devra Davis, and its attorney, Ed Meyers, as well as Cindy Franklin from Consumers from Safe Cell Phones and to all the experts who helped us.
Special thanks to all of you who donated to help make this important case possible. We are very grateful.
This has been a HUGE TEAM EFFORT and I am very honored for the privilege to be able to take this case on.
Good luck to us all,
Dafna Tachover
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