Lawsuits

Lawsuits help to shape public opinion and are a brave, valuable offense. In court a good argument, conviction, and persuasion is necessary, but remember our system also requires public pressure, well-designed laws, and honest government.

Please note this list of actions is just a sample.

Donations are listed as an option when the organization has requested donations (if known). Last Tree Laws is not a party to these lawsuits. If you donate, verify independently that the donation goes to the right place and for a worthwhile purpose.

BBilan is offering legal education on this topic, as is the Healthy Heaven Trust Initiative (HHTI) website: https://ResilienceMultiplier.com/hhti which links to ILAN (international legal group)

31 December 2021 Appeal: Challenge of October 14, 2021, ruling on a Verizon permit application on the grounds numerous environmental protection mandates have been broken in relation to a federal agency, public charter, state and federal laws.

Attorneys: BBILAN
Plaintiffs: Monica Eisenstecken, David Benedict, Tahoe Stewards LLC, Tahoe for Safer Tech, and Environmental Health Trust
Donations page.

FILED December 20, 2021: Administrative petition to request within 30 days an HHS & FDA formal declaration of lack of radiofrequency radiation (which includes wireless communications) vetted guidelines and resulting imminent hazard, communicate such to public and private entities, and swiftly adopt new rules to protect public.

Defendant: FDA and HHS (aka US Food and Drug Administration and Dept. of Health and Human Services)
Attorneys: BBILAN and BALANCE GROUP
Plaintiffs: Americans for Responsible Technology - ART (although Last Tree Laws is listed as a supporter, LTL and ART are independent), Environmental Health Trust, Consumers for Safe Cell Phone, California Brain Tumor Association, Manhattan Neighbors for Safer Telecommunications, Tahoe Stewards, Sally Jewell Coxe, Robert Strayton

2/36/21 Brief: The ‘Over the-Air-Reception Devices’ (OTARD) rule is meant to allow TV antennas for personal use without permits or landlord approval, but the FCC recently amended this rule to allow use by non-residents for voice calls — this amendment makes most local ordinances against cellular infrastructure useless.

Attorneys: Robert F. Kennedy, W. Scott McCollough [Note: Dafna Tachover is involved as well]
Petitioners: Children's Health Defense, Dr. Erica Elliot, Ginger Kesler, Angela Tsiang,Jonathan Mirin
Donations: If you disagree with CHD's vaccination stance, note you can donate exclusively to this court case or this issue. Please also see childrenshealthdefense.org for updates.

July 9, 2020 federal brief: ADA, Fair Housing Act (AHA), and Rehab Act request for protection from smart meter on residence as petitioner has an incurable form of cancer. Case is moving forward as request for dismissal denied.

Attorneys: Law Offices of Bruce M. Merrill and the Law Office of William Most
Petitioner: Maine resident Ed Friedman [Note Ed Friedman was involved in previous actions, including with other Maine residents, and involved with MaineCoalitiontoStopSmartMeters.org]
Defendant: Central Maine Power (CMP)

The decision of a lower court allowed consumers to opt out of smart meters, leading to a Supreme Court appeal by utilities.

In response, a brief was filed by Steve Harvey Law LLC attorneys which focuses on the lack of a mandate written into PA law.

The amicus briefs cover more and can be found online under PAsafetech.org/legal-files with some compelling stories on health - a pro se argument is also made well by the McKnight family. For legal argument the amicus brief by attorneys William Most and Michael Giles is quite good as is the brief filed by Children's Health Defense is also online at https://childrenshealthdefense.org/wp-content/uploads/Brief-and-Addendum-Submitted-9-14.pdf

Lost in district court and on appeal, and is now being appealed to Supreme Court. The suit argues that the Telecom Act is unconstitutional.

The petition has been filed and can be found at https://www.supremecourt.gov/DocketPDF/21/21-629/196710/20211025140205639_Santa%20Fe%20Alliance%20Petition.pdf

Initial documents can be found online at https://www.cellphonetaskforce.org/5g-litigation/

  • Cellphone cases were once halted for a reason that may no longer be valid, which is that cellphones comply with vetted FCC guidelines. Cases able to get through restrictions were consolidated and have lasted years:
  • Iphone Safety Lawsuit (Law 360) More cases are moving forward since cellphones exceed FCC guidelines or because FCC guidelines were never properly vetted. Noting that more discovery is needed — including into how the FCC’s guidance should be implemented — the judge denied Apple's motion to dismiss. “The court is inclined to hold that if the Apple products ultimately satisfy the commission’s standard, then all claims must be dismissed on preemption grounds,” he said. “On the other hand, if the products in question do not meet the commission standards, then the court is inclined to let all of the claims go forward.” The proposed class claims that based on Apple's misrepresentations, millions of people purchase their smartphones, carry them around all day and use them up against their skin, without being made aware of the health risks. Plaintiffs initially named Samsung as a defendant but voluntarily dismissed that company from their suit in January. The proposed class is represented by Elizabeth A. Fegan of Fegan Scott LLC and Jennie Lee Anderson of Andrus Anderson LLP. Apple is represented by Jonathan S. Tam, Amisha Rajni Patel, Mark S. Cheffo and Christina Guerola Sarchio of Dechert LLP. The case is Cohen et al. v. Apple Inc. et al., case number 3:19-cv-05322, in the U.S. District Court for the Northern District of California.
  • Dafna Tachover, Esq., recently interviewed Hunter Lundy, Esq. on the topic of cellphone litigation at: https://childrenshealthdefense.org/transcripts/webinar-cell-phone-brain-tumor-litigation-legislation-barriers-and-opportunities/
  • Another case is described here: https://childrenshealthdefense.org/defender/lawsuit-telecom-giants-cell-phone-radiation-brain-cancer/

  • A lawsuit to fight the 2018 September ruling by the FCC to allow telecommunications companies to overrule local zoning laws simply based on a statement of (1) need to improve service or (2) need to provide a new service. This ruling was an agency decision, rather than a decision of Congress. Attorney Andrew Campanelli is lead attorney and planning to initiate cases in the DC and 2nd Circuits (CT, NY, VT). This would be an expedited hearing, with a decision in just a few months.
  • National Association of Broadcasters on July 24, 2020, appealed the FCC decision to share 6 GHz spectrum
  • Video programming provider PSSI Global Services LLC (PSSI) is suing the FCC for reorganization of the C-band spectrum, stating in its suit: "PSSI has also repeatedly demonstrated the harm that would ensue from the operation of the Flexible 5G licenses in the lower portion of the C-band at those OU locations, both in terms of damage from radiated power, as well as interference to operations of the transportables."

A Sweet Victory!

The 1st Circuit has ruled that the FCC’s wireless guidelines are ‘arbitrary and capricious’ & directed the FCC to respond to submitted complaints and provide its reasoning.

Roasting of the FCC begins in earnest on page 19 of this decision.

However, this case does not set safer guidelines, only chastises and redirects the FCC — the FCC may be slow or insincere in response to the court’s decision.

Attorneys: W. Scott McCollough (argued), Edward B. Myers, Robert F. Kennedy, Jr. [Dafna Tachover also assisted with case and Sharon Buccino of the Natural Resources Defense Council prepared amici briefs]
Petitioners: Environmental Health Trust, Children’s Health Defense,
Further Background: Wireless exposure limits in the USA are set only to prevent heating, despite hundreds of reputable studies showing this is wrong. The FCC refused to update guidelines, despite concerns provided from experts and professional organizations in closed dockets 13-84 and 03-137. The FCC cited as evidence a letter lacking scientific references from Jeffrey Shuren, FDA Director of the Center for Devices and Radiological Health, whose opinions are suspect in part as his wife is an industry lawyer.

  • Alaska Supreme Court upheld 100% workman's compensation for cell tower worker injured neurologically by wireless radiation. Workman's compensation attorney was Steven J. Priddle.
  • Microwave News reported on a similar Supreme Court success in a 1982 case Yannon v. New York Telephone.
  • JML Law wins appeal before CA Court of Appeal against LAUSD. Brown v. LAUSD (Appeal No. B294240) establishes that symptoms of 'electromagnetic hypersensitivity' could be deemed a 'physical disability' under the California Fair Employment and Housing Act ("FEHA"), which is broader in scope than the ADA. The complete published opinion by the Court of Appeal can be accessed at https://www.courts.ca.gov/opinions/documents/B294240.PDF. For more information, please visit http://www.jmllaw.com. SOURCE: JML Law https://finance.yahoo.com/news/jml-law-wins-appeal-unprecedented-161500982.html Fri, March 26, 2021, 12:15 PM·4 min read
  • An older successful receipt of US workman's compensation for brain tumor has been youtube reported for Sharesa Price
      • Attorney: Carl Hilliard, president of the Wireless Consumers Alliance, in CA
      • Medical expert: Dr. Nachman Brautbar, occupational toxicologist and clinical professor of medicine at the University of Southern California School of Medicine

  • Sprint removed a school cell tower in Ripon, CA, after 7 people got cancer in a 3-year period, including 4 kids.
  • In Mashpee, MA, a trial was set aside for settlement with possibility of relitigation if terms are not met within a specified period of time.
  • Please also see the ordinance page if especially interested cell tower placement.

  • Completed relevant court opinions can be found at the FCC
  • California Supreme Court affirms local authority to regulate wireless infrastructure. T-Mobile West LLC v. City & County of San Francisco, April 4, 2019, Docket Number: S238001.
  • US DC Court of Appeals: The Court vacated the FCC decision to bypass environmental and historic reviews. Case 18-1129 actually means all applications must include an environmental assessment (or certify that it is not needed), even the 23 states that passed a bad ALEC-written bill - the FCC lost. Various tribal and environmental groups, such as the National Resource Defense Council, put forward briefs. We have intervenor Edward B. Myers to thank. His brief was recognized by the DC Circuit judges in their final ruling. Of course, assessment can also be completed by locals/ the town & controversy sent to the FCC.
  • DC: Oct 1, 2019, the DC Circuit Court of Appeals ruled in Case 18-1051: the ruling means the FCC no longer regulates the Internet (web pages, video/music streaming, online gaming and other information services). Therefore, Big Wireless has zero preemption to install or operate personal wireless facilities that emit wireless "information services" transmissions in the USA. This also means that the Wireless Industry only has preemption to place, construct and modify personal wireless facilities for wirelessly transmitting "telecommunications services" (i.e. voice transmissions.
  • CA 9th Circuit: This case arguing the FCC exceeded its authority rolling out 5G - has concluded that: (1) cities may establish aesthetic requirements that are not just "objective" and that may differ depending on zoning and facilities so long as not discriminatory (2) small cell safer harbor fees remain $500 and for recurring fees $297, but may be billed if higher (3) shot clocks set by the FCC only create "presumptions" and if more time is needed a municipality can protect itself by proving more time is needed (4) cities cannot charge more or demand more for rights-of-way usage (5) utilities cannot charge more for use of poles (6) moratoria are permitted for emergencies and construction may be rescheduled to prevent construction during freeze and frost periods (7) has more decisions restricting utility wishes (see last section). Consolidated Case Nos. 19-70123, 19-70124, 19-70125, 19-70136, 19-70144, 19-70145, 19-70146, 19-70147, 19-70326, 19-70339, 19-70341, and 19-70344 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Sprint Corporation, Petitioner, v. City of Bowie, Maryland, et al., Intervenors, v. Federal Communications Commission and United States of America Respondents [Case 19-70123, ID 11333654]. See Montgomery County, MD, for copies of filings.
  • CA 9th Circuit - November 2018 American Electric Power Service Corporation files petition against FCC over new rules to speed up 5G & Fiber, concerned about lack of zoning permits, limits on fees, and shot clocks, saying: "The Federal Communications Commission does not have legal authority to regulate public power pole attachments due the the clear public power exemption from federal pole attachment regulations set forth in section 224 of the Communications Act, the American Public Power Association said in a recent court brief." The AEPS notes in the brief that for over forty years, the FCC, Congress, and the courts have repeatedly recognized that the FCC does not have regulatory authority over the rates, terms, and conditions of access to public power utility poles. The following month, the AEPS and 133 public power utilities and associations on March 1 sent a letter to Rep. Anna Eshoo, D-Calif., supporting legislation she introduced that would overturn actions by the FCC to regulate public power pole attachments.
  • CELLPHONE ORDINANCE STAY: US District 9: After a decade fighting for the right to an ordinance for consumer cell phone warning that mimicked fine print of telcommunication manual's warning, Berkeley settled after U.S. District Judge Chen said the ordinance amounted to overwarning. Berkeley will hold the ordinance until a better FCC exists. Learn about the Berkeley Right to Know (cell phone risks) ordinance and case online at SaferEMR, as described at a blog by Dr. Joel Moskowitz, who is director at the Center for Family and Community Health School of Public Health at the U of CA, Berkeley.
  • Cities have regularly been fighting FCC rules lately, such as FCC 19-250, RM-11849, and 20-75 as these limit fees, application review, zoning restrictions, and allow cell tower infrastructure to grow without limits or review. .

The Irregulators, a team of former FCC employees and telecommunication experts, led an action against the FCC's accounting which has (1) placed billions of the costs of wireless infrastructure onto wired services and consumers; and (2) concealed public ownership of telecommunication infrastructure.

In an initial case, the court filed an opinion that was fairly important, for in this decision, the federal DC court ruled that accounting matter must be settled in state, not federal court. With this ruling, federal court set the ball and control of accounting in the hands of the states.

Update 2021: The Irregulators are seeking donations to provide a package of instructions for states to file cases, but appear focused on the state of New York. See the website for donations.

Legislative Note: Some tweaks would help, but a relevant bill (see section 11 of this bill) was filed in Massachusetts by Kirstin to require the accounting of expenses - the Irregulators have focused on New York because it is one of the few states to mandate such an accounting and so Massachusetts must also require such or a more rigorous accounting.

Two draft reviews, soon to be finalized, from the National Institute of Health report fluoride in a neurocognitive hazard like lead.

Reviews were requested by advocates, who then brought forward an administrative then district court case, the latter in progress now, to end water fluoridation.

The argument appears to be winning as described online at this link: https://fluoridealert.org/issues/tsca-fluoride-trial/fact-sheet/

Plaintiffs: Fluoride Action Network, Food and Water Watch, Moms Against Fluoridation; Audrey Adams, a resident of Renton, Washington (individually and on behalf of her son); Kristin Lavelle, a resident of Berkeley, California (individually and on behalf of her son); Brenda Staudenmaier, a resident of Green Bay, Wisconsin (individually and on behalf of her children).