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DC Circuit to Hear Challenge on FCC RF Safety Rules Jan. 25

The U.S. Court of Appeals for the D.C. Circuit will hear oral argument Jan. 25 at 9:30 a.m. about Environmental Health Trust, Consumers for Safe Cell Phones and Children’s Health Defense seeking to force the FCC to reopen examination of…

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RF exposure rules (see 2007300056), said a Friday order (in Pacer). “The FCC refused to meaningfully assess the vast amount of reliable peer-reviewed scientific and medical evidence generated after 1996 indicating current and potential health risks from currently-authorized exposures, and gave inappropriate weight to unreliable and conflicted views and opinions by industry-supported sources,” plaintiffs say (in Pacer) in docket 20-1025. The FCC rightly declined last year to initiate a rulemaking to consider revising limits, the agency says (in Pacer). “The agency reasonably relied on the expert advice of other federal agencies and standard-setting bodies and the record as a whole to conclude that no evidence of such effects exists and that no changes in the limits were warranted. That conclusion was neither arbitrary nor capricious, nor does it constitute the ‘rarest and most compelling of circumstances’ in which this Court would disturb an agency’s decision.”