RES 714 Draft 01 2018-2020 - Laserfiche WebLink

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3. Did the FCC violate the APA when it failed to (i) recognize and make some provision for those who have or will contract Radiation Sickness from RF/EMF exposure; (ii) resolve or establish some process to resolve case-by-case accommodations under the Americans With Disabilities Act ("ADA") and/or Fair Housing Act ("FHA"); or (iii) resolve or establish some process to resolve case-by-case individual objections to nonconsensual RF/EMF exposure or uninvited RF/EMF property instruction?"; and WHEREAS, on August 5, 2020, Amici Curiae,Natural Resources Defense Council, et al., ("Amici Curiae") filed its Amicus Brief in support of Petitioner Environmental Health Trust, et al., and Petitioner Children's Health Defense, et al. 's Joint Opening Brief in Case No. 20- 1025 (Lead) and Case No. 20-1138 (Consolidated); and WHEREAS, amicus curiae ("amici curiae, "plural) is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it and literally means `friend of the court"; and WHEREAS, Amici Curiae supports and relies upon, environmental and public health protections for all and seeks inclusive decision-making processes by NEPA to ensure that federal government decisions (such as licensing of use of the spectrum to provide wireless services), are informed by the best available science and input from citizens affected by those decisions; and WHEREAS, NEPA, signed into law in 1970 by President Nixon, is an action-forcing statute applicable to all federal agencies and its commitment is to "prevent or eliminate damage to the environment . . . by focusing government and public attention on the environmental effects of proposed agency action.", and requires "that the agency will inform the public that it has indeed considered environmental concerns in its decision-making process."; and WHEREAS, NEPA ensures that federal government decisions, such as licensing of use to provide wireless services, are informed by the best available science as well as input from citizens, affected by such decisions; and WHEREAS, NEPA and the Council on Environmental Quality's ("CEQ") regulations require agencies to "insure the professional integrity, including scientific integrity, of the [agency's] discussions and analyses....", and, where no data is presented in the NEPA document, that it must justify not obtaining such data; and WHEREAS, Amici Curiae asserts that the FCC has not satisfied its obligations under NEPA, including, but not limited to, the following: 1) the FCC failed to fulfill its legal obligation to protect the public from radio-frequency hazards under NEPA and the Telecommunications Act ("TCA")j 2) when Congress concentrated authority over radiofrequency radiation in the FCC, it imposed a duty to protect as well as inform; 3) the Telecommunications Act of 1996 requires the FCC to prescribe and make effective rules regarding the environmental effects of radio frequency emission and, that the FCC failed to respond to evidence of environmental harm; and 2