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under NEPA and the National Historic Preservation Act. United Keetoowah Band <br /> of Cherokee Indians, 933 F.3d 728. The FCC did not appeal that decision. <br /> Instead, the FCC tries to circumvent the court's prior decision with the <br /> challenged order. The Commission ended its inquiry into the adequacy of its 1996 <br /> limits on RF radiation without changing them or providing sufficient evidence to <br /> justify them. Pet. Br. 67-68. Moreover, the Commission offered no meaningful <br /> response to the numerous peer-reviewed scientific studies received as part of the <br /> inquiry that raised concerns about the environmental effects from exposure to <br /> radiation below the FCC's limits. Pet. Br. 65. The FCC's inadequate RF standards <br /> preclude adequate environmental review. <br /> As a result of its 2019 order, the FCC avoids providing the information that <br /> NEPA requires. As wireless service providers propose to construct hundreds of <br /> new towers and other infrastructure across the country to use the spectrum <br /> pursuant to FCC licenses, the FCC is unlikely to conduct new environmental <br /> analysis. Instead, the Commission will invoke the determination that its health <br /> standards are adequate as satisfaction of its duty to look at potential harm. This <br /> might be fine had the FCC analyzed recent science and changed its standards to <br /> reflect this science. Instead, the Commission chose to stick its head in the sand <br /> exactly the kind of government action that NEPA is designed to prevent. <br />