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STATEMENT REGARDING ORAL ARGUMENT <br /> Given the impact the challenged FCC order will have on this court's <br /> previous decision in.NRDC's favor related to environmental review, undersigned <br /> counsel for amici respectfully requests the opportunity to participate in oral <br /> argument. NRDC successfully challenged a 2018 order by the Federal <br /> Communications Commission that had proposed to eliminate environmental and <br /> historic review for certain cell towers and other wireless infrastructure. United <br /> Keetoowah Band of Cherokee Indians v. FCC, 933 F.3d 728 (D.C. Cir. 2019). <br /> The FCC's 2019 order challenged by Petitioners in this case renders such <br /> environmental review meaningless. Under the challenged Order, environmental <br /> review is tied to the RF limits set by the FCC. As long as a wireless service <br /> provider certifies that the construction it proposes meets the FCC's RF standards, <br /> no environmental analysis is required. The FCC's arbitrary determination that <br /> the limits set in 1996 are still adequate today means that environmental review <br /> will not occur where it would otherwise if the FCC had followed the mandates of <br /> reasoned decision-making under the Administrative Procedure Act. <br /> /s/ Sharon Buccino <br /> Counsel for Amid Curiae, <br /> Naturcll Resources Defense Council et al. <br /> Dated: August 5, 2020 <br />