Category: Lawsuits

CHD V. FCC Press Conference: Evidentiary Brief Submission

8/2/2020

by Attorney Dafna Tachover

To fulfill our commitment to stopping the harmful exposure of our children to 5G and wireless radiation, Children's Health Defense has taken the giant step toward unprecedented litigation against the FCC. This illuminating and celebratory press conference was held the day after CHD filed its evidentiary brief.

The case is challenging the FCC’s refusal to review its 25-year-old obsolete wireless “health guidelines”and to promulgate scientific, human evidence-based radio frequency emissions (“RF”) rules that adequately protect public health.

The FCC’s false “health guidelines” have enabled the uncontrolled proliferation of harmful wireless technology and more recently, the deployment of dangerous 5G installations.

CHD’s lawsuit asserts that the FCC’s refusal to update these guidelines despite the submission of overwhelming evidence of harm from wireless technology radiation, is capricious, arbitrary, not evidence based, and an abuse of its discretion.

The success of our case will be a game changer in the battle to stop Big Tech from further damaging children and all life.
This evidentiary brief is the main submission in our case and provides the evidence upon which the petitioners rely. It cites thousands of studies, including those conducted by U.S. government agencies, and numerous reports that show clear evidence of harm. It also outlines scientifically the established mechanisms of harm from wireless radiation.

Additionally, the brief shines a light on the human evidence of widespread sickness, which the FCC ignored when it egregiously closed its docket on the issue on Dec. 4 2019.
This illuminating and celebratory press conference was held the day after CHD filed its brief .

Speakers included: Robert F. Kennedy Jr., CHD Chairman; Dafna Tachover, Esq. MBA, CHD’s Director of 5G & Wireless Harms Project; Scott McCollough, Esq., CHD’s attorney; and David Carpenter, M.D., a Petitioner in the case; as well as parents who submitted affidavits in the case describing their children’s injuries and death from wireless radiation.

https://www.youtube.com/watch?time_continue=2&v=7zUelXUKzSk&feature=emb_logo

Scientists Sue FCC for Dismissing Claims That Cell Phone Radiation Causes Cancer

2/5/2020

Devra Davis, a Nobel Prize-winning scientist has filed a lawsuit alleging the Federal Communications Commission (FCC) failed to update cellular phone and wireless radiofrequency (RF) radiation limits and cellular phone testing methods in over two decades.

These failures, the plaintiffs contend, ignore “peer-reviewed scientific studies showing that radiation from cell phones and cell phone towers and transmitters is associated with severe health effects in humans, including cancer, DNA damage, damage to the reproductive organs, and brain damage (including memory problems).”

https://lawandcrime.com/administrative-law/scientists-sue-fcc-for-dismissing-claims-that-cell-phone-radiation-causes-cancer/

RT America Interview with Attorney Dafna Tachover of Children's Health Defense

1/30/2020

On December 4, 2019 the Federal Communication Commission (FCC) declined to review its obsolete 1996 guidelines, and determined that the guidelines are protective of human health, opening the way for the continued uninterrupted deployment of 5G, exposing our children to harmful radiation.

Their actions provide a rare opportunity to sue the FCC and expose its disregard for public health that has been causing so many injuries and deaths, including among children.

Tomorrow, January 31, Children’s Health Defense will file a lawsuit against the FCC. We will be representing the many children who have been injured. This is the 5G opportunity we have been waiting for; a successful lawsuit on this will be a game changer.

We urge you to be part of the movement and support this lawsuit. Even small donations can help. Please designate 5G under Funding Options:

https://childrenshealthdefense.org/about-us/donate/

Watch the interview here:

https://childrenshealthdefense.org/news/chds-dafna-tachover-talks-about-5g-dangers-with-rt-america/

Robert Kennedy Jr. Assembles Legal Team to Sue FCC over Wireless Health Guidelines

1/21/2020

Robert Kennedy Jr., Chairman of Children’s Health Defense (CHD) has committed to be proactive on the concerns regarding excessive exposure of our children to 5G and wireless radiation. To fulfill this promise, Robert Kennedy Jr., Irregulators’ Attorney Scott W. McCollough and Dafna Tachover Attorney and CHD's Director of Stop 5G, will be submitting a lawsuit on February 3rd against the FCC for its December 4, 2019 decision to decline to review its 1996 guidelines, and for its determination that the guidelines are protective of human health.

The Dec. 4 determination provides a rare opportunity to sue the FCC and expose its disregard for public health that has been causing so many injuries and deaths. We will be representing the many children who have been injured. This is the opportunity we have been waiting for; a successful lawsuit on this will be a game changer.

https://childrenshealthdefense.org/news/robert-kennedy-jr-assembles-legal-team-to-sue-fcc-over-wireless-health-guidelines/

Smartphone Class Action Lawsuits Consolidated

12/27/2019

National consumer-rights law firm FeganScott consolidated its two proposed class action suits against Apple (AAPL) and Samsung Electronics (SSNLF) after independent testing from a Federal Communications Commission-accredited laboratory confirmed that radio-frequency (RF) radiation levels from popular Apple and Samsung smartphones far exceeded federal limits when the devices are used as marketed by the manufacturers.

“The manufacturers told consumers this was safe, so we knew it was important to test the RF radiation exposure and see if this was true,” Fegan noted. “It is not true. The independent results confirm that RF radiation levels are well over the federal exposure limit, sometimes exceeding it by 500 percent, when phones are used in the way Apple and Samsung encourage us to. Consumers deserve to know the truth.”

The FCC-accredited lab tested six different brand-new smartphone models at various distances, ranging from zero to 10 millimeters to measure the amount of RF radiation released when touching or in close proximity to the body. When tested at two millimeters, the iPhone 8 and Samsung Galaxy S8 were more than twice the federal exposure limit. At zero millimeters, the iPhone 8 was five times more than the federal exposure limit, and the Samsung Galaxy S8 was more than three times the federal exposure limit.

The consolidated suit filed by FeganScott includes a comprehensive list of all named plaintiffs and includes the extensive FCC-accredited lab test results from all the smartphones tested: iPhone 7+, iPhone 8, iPhone XR, Galaxy S8, Galaxy S9, and Galaxy S10.

The test settings reflected the smartphones’ actual use conditions, rather than the conditions set by manufacturers in order to produce results that appear to be safe for consumers.

Filed 12/5 in U.S. District Court in the Northern District of California, San Francisco Division, the lawsuit seeks to represent Apple and Samsung smartphone owners. The suit asks the court to order the defendants to pay for medical monitoring and damages

Federal Lawsuit Threatens Future of 5G

12/14/2019

Bruce Kushnick and W. Scott McCollough, Esq are leading experts in the telecom industry who have mapped a pathway to restore the Internet to the human-friendly, benevolent ideals from which it started. As part of this redirection, they’re not afraid to call out the corruption of those who have hijacked it.

Bruce and Scott lead the IRREGULATORS, a group of telecom industry experts and insiders who are taking the FCC to federal court in January 2020, armed with evidence — of an estimated $1 Trillion scandal — and strategy that could very well pave the way to a great restructuring of telecom and dissolution of the 5G agenda.

Link to video interview hosted by Josh del Sol, which also includes an excellent discussion on the recent NRDC court ruling.

https://takebackyourpower.net/irregulators-vs-fcc-interview/

DC Court Of Appeals Requires Environmental Review For Implementation Of 5G

10/31/2019

Appeals Court unanimously overturns FCC Effort to Eliminate NEPA and Historic Review

Duns agency ‘arbitrary and capricious’ actions

A federal appeals court has vacated and remanded the “arbitrary and capricious” Federal Communications Commission’s decision to allow AT&T Inc., Verizon, and other wireless carriers, cell phone facilities owners and operators to bypass historic preservation and environmental reviews for 5G networks.

On August 9, the U.S. Court of Appeals for the District of Columbia Circuit unanimously denied the FCC order that would have exempted 800,000 or more small cell construction (cell antenna facilities) from historic-preservation review under the National Historic Preservation Act (NHPA) and environmental review under the National Environmental Policy Act (NEPA). The overturned FCC order had let carriers deploy small-cell equipment on non-tribal lands without any federally required reviews.

“Small cells” is an industry created term to refer to cell antennas which can be mounted on utility poles, lamp posts, or their own towers. The three-judge panel declared that the FCC failed to “adequately address possible harms of deregulation and benefits of environmental and historic-preservation review…. In particular, the Commission failed to justify its confidence that small cell deployments pose little to no cognizable religious, cultural, or environmental risk, particularly given the vast number of proposed deployments and the reality that the Order will principally affect small cells that require new construction.”

Attorney Edward B. Myers, of counsel to Environmental Health Trust, and an intervenor in the Court proceeding along with the Natural Resources Defense Council and 19 tribal groups, commented on the decision’s importance: “The FCC’s order represented a precipitous effort to jam thousands of 5G towers into virtually every neighborhood in the country based on woefully outdated safety standards.

The efforts of the FCC to develop meaningful safety standards, especially as regards the health impacts of radiofrequency radiation emitted by 5G cell facilities, are woefully out of date. I am gratified by the Court’s decision which, in my view, is a cautionary tale against the arbitrary and capricious efforts of the FCC to dispense with environmental and historic preservation reviews.”

Growing evidence indicates that wireless radiation and the frequencies used in 5G can seriously impact wildlife. For example, research shows that 5G radiofrequency radiation could affect the capacity of bees and other insects to pollinate crops.

Studies also indicate that this radiation can alter animal navigation, disturb honeybee colonies, damage trees and impact other plants. Published reviews on 5G, millimeter waves and wireless radiation (even from decades ago) have cataloged a host of harmful impacts, including increased temperature, altered gene expression, faster cell growth, inflammatory and metabolic processes, damage to the eyes and cellular stress, memory problems, sperm damage, genetic damage, behavior issues and brain damage.

Federal Court Of Appeals Vs FCC Decision

https://ehtrust.org/wp-content/uploads/Court-Opinion.pdf

Additional articles about the decision:

https://scientists4wiredtech.com/2019/08/federal-court-overturns-fcc-order-bypassing-environmental-review-for-4g-5g-wireless-small-cell-densification/

https://scientists4wiredtech.com/2019/08/federal-court-overturns-fcc-order-bypassing-environmental-review-for-4g-5g-wireless-small-cell-densification/

Danish Citizens Are Suing the Danish State Over Forced 5G Installation

10/6/2019

By B.N. Frank

Worldwide opposition to forced 5G implementation increases every day. Now a group of Danish citizens have hired a lawyer and are suing Denmark for forcing its installation:

We are suing the Danish state for having planned the implementation of the new 5G mobile network throughout Denmark by the year 2020, without conducting any kind of health test in relation to the exposure of long term radiation to people, especially for the harmful effects of unborn and children as well as to our nature.

The Danish state has ignored at least 244 internationally recognized doctors and researchers from more than 40 different countries, who all have documented that the 5G mobile network is proven to be harmful and in some cases deadly, especially for unborn and children. The Danish state has chosen to employ only specially selected and incompetent experts to misinform the Danish population about 5G. These experts are all tied to the telecom industry. The Danish state has not relied on impartial tests on either humans, wildlife or plants.

We are a group of voluntary citizens, mothers, fathers, young and the elderly people who are concerned about the health consequences of rolling out the new 5G mobile network, without first being health tested. We say no thanks to the fact that our children, nature and ourselves will act as the state’s experimental objects. We have therefore hired Denmark’s leading lawyer in this area and started this national fundraising trial against 5G, 100% of the money are collected to cover the costs of the lawyer, who has already started preparing our joint lawsuit against the Danish state.