Executive Summary of EHT Petition Demanding FCC Compliance with Federal Court Mandate on Wireless Radiation Safety

EHTrust 19aug2025.

The Environmental Health Trust (EHT) has filed a petition urging the Federal Communications Commission (FCC) to immediately comply with a judgment and mandate issued by the U.S. Court of Appeals for the D.C. Circuit in EHT v. FCC. The Court found the FCC’s December 2019 Order to be “arbitrary and capricious” for its failure to provide a reasoned explanation as to why its radiofrequency (RF) radiation guidelines adequately protect against harmful effects unrelated to cancer.

The D.C. Circuit Court’s mandate requires the FCC to address six specific areas where its existing 1996 RF radiation human exposure regulations were found deficient:

1 – Inadequacy of RF Radiation Testing Procedures: The FCC’s current Specific Absorption Rate (SAR) testing is solely heat-based and derived from animal studies in the 1980s, failing to consider non-thermal biological effects or cumulative exposure. Testing utilizes a “Specific Anthropomorphic Mannequin” (SAM) that represents a large adult male, not accounting for children’s vulnerabilities. Importantly, phones are often tested at distances (up to 25 mm) that do not reflect real-world, direct body contact use. Revelations from a Freedom of Information Act (FOIA) request in 2023 showed that the FCC’s own 2019 internal tests indicated certain cell phones exceeded SAR limits when tested at a 2 mm separation distance, but this crucial information was not publicly disclosed in administrative or court records. Further FCC-certified lab tests have also shown exceedances at 5 mm.

2 – Impacts of RF Radiation on Children: Children are disproportionately affected due to their smaller heads, thinner skulls, higher brain conductivity, higher metabolic rates, and immature immune systems. The “Make America Healthy Again” Commission, established by Executive Order 14212 and chaired by HHS Secretary Robert F. Kennedy, Jr., highlighted electromagnetic radiation as a potential contributing cause of chronic illness in children. The American Academy of Pediatrics has repeatedly urged the FCC to reassess standards to protect children, noting that current tests are based on large adults, not children. Analysis of NIH National Toxicology Program (NTP) findings suggests that RF radiation limits may need to be reduced significantly (200-400 times) to adequately protect children.

3 – Health Implications of Long-Term RF Radiation Exposure Unrelated to Cancer: The FCC failed to consider extensive scientific evidence of adverse biological effects from long-term, non-thermal RF radiation exposure. Documented non-cancerous effects include:

Increased oxidative stress.
Neurological and cognitive impacts (e.g., memory impairments, altered glucose metabolism, brain pressure comparable to blast injuries from pulsed RF).
Reproductive system impacts (e.g., decreased sperm quality, testicular injury).
Genetic damage (e.g., DNA methylation changes, DNA strand breaks).
Synergistic effects when RF radiation is combined with other environmental hazards or carcinogens.
Impacts on cardiovascular, immune, endocrine, auditory, and ocular systems.

4 – Ubiquity of Wireless Devices: Since 1996, the number of cell towers has surged from approximately 24,800 to over 432,000, with global “Internet of Things” (IoT) connected devices projected to reach nearly 30 billion by 2027. Environmental RF radiation levels have significantly increased, with measurements in Los Angeles surging to 70 times the levels recorded by the EPA in 1975. The FCC does not maintain a national registry of all RF sources, and current compliance calculations often fail to consider the aggregate exposure from multiple personal devices and nearby wireless facilities simultaneously.

5 – Technological Developments: Modern telecommunications operate at significantly higher frequencies, use novel modulation and pulsation techniques (e.g., beam steering, Massive MIMO), and transmit signals with higher power. Wireless transmitting facilities are now installed much closer to people, often mere feet from homes. The FCC’s current limits, based on time-averaged SAR, fail to account for peak intensities from pulsations or the specific characteristics of modulated RF radiation, which research indicates can have distinct biological effects.

6 – Environmental Impacts of RF Radiation: The FCC’s RF radiation limits were solely designed for human protection, neglecting flora and fauna. The D.C. Circuit Court emphasized this “complete failure” to address environmental harm. Numerous studies indicate a broad range of adverse effects on wildlife, including:

Insects (e.g., bees, mosquitos): Harmful effects on reproduction, immune health, disrupted navigation, reduced colony strength, and changes in behavior at legally allowed exposure levels. Higher 5G frequencies can increase absorbed power by up to 370% in insects.
Birds: Studies near cellular towers documented nest/site abandonment, plumage deterioration, locomotion problems, reduced survivorship, and death.
Plants and Trees: Research shows physiological and morphological effects, with significant damage to tree canopies near wireless transmitters.

The EHT asserts that the FCC has failed to comply with this mandate within a reasonable period. This failure is exacerbated by recent developments, including the Supreme Court’s ruling in Loper Bright Enterprises v. Raimondo, which eliminated Chevron deference, empowering courts to exercise independent judgment on agency statutory authority.

To address these critical issues, EHT proposes that the FCC undertake a “new agency action” including:

Comprehensive, interdisciplinary scientific reviews by relevant federal agencies (e.g., FDA, NIH, EPA, USFWS) to evaluate all scientific research on RF radiation impacts on humans and the environment.
Development of updated metrics and testing procedures for pre- and post-market compliance that account for non-thermal effects, long-term exposures, modulated signals, sensitive populations (children, fetuses), and flora and fauna.
Establishing science-based RF radiation exposure limits for flora and fauna, adopting an ecosystem-wide approach.
Launching ongoing federal research and monitoring programs for RF radiation levels nationwide, particularly in sensitive areas (schools, parks, wildlife habitats).
Creating a National Registry for all wireless facilities and a health effects registry to track adverse impacts.
Modernizing pre-market SAR testing to reflect real-world usage (e.g., 0 mm body contact) and utilizing age- and tissue-specific models.
Implementing immediate mitigation measures for current wireless exposures, especially in conservation and ecologically sensitive areas, such as creating low/no-EMF zones and halting new infrastructure deployments.
Ensuring comprehensive environmental reviews for new frequencies and technologies like 5G and 6G.

EHT concludes that prompt compliance with the D.C. Circuit’s mandate is imperative to protect public health, safety, and the environment, especially given that U.S. radiation exposure limits grossly exceed those of other countries, which are often at 10% or less of the U.S. limits.

If you are able to help EHT in its efforts to hold the FCC accountable, please consider making a donation.