Legal Issues
Insurance Industries and Manufacturers
Insurance companies recognize EMFs as an emerging risk and are excluding coverage.
In 2015 Lloyd's of London excluded liability for injuries from EMFs. See page 8, exclusion 32 on Electromagnetic fields: https://www.scribd.com/document/261610831/Insurance-AE-CFC-Underwriting-Limited-Lloyds-Latest-Version-February-7th-2015
AM Best, an insurance rating company, warns about financial risks for emerging technologies, including wireless radiation: http://www.ambest.com/directories/bestconnect/EmergingRisks.pdf
Insurer Swiss Re issued a new risk assessment on 5G in 2019, summarized here: https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnx1bmRlcnN0YW5kaW5nZW1mc3xneDo3ODQzZjVmMDRkZWI1ZjQ0
Engineers at Michigan Technological University indicate siting cell towers needs careful planning to avoid legal liability: https://www.sciencedaily.com/releases/2019/12/191203162553.htm
The following link provides a summary of legal implications for the insurance industry and manufacturers: https://groups.google.com/forum/m/#!topic/galisteo-wireless/VOqzrsx3OgY
Dr. Devra Davis explains the legal ramifications in a lecture to Australia's New South Wales University Law School in November 2015. She is joined by renowned neurosurgeon Dr. Charlie Teo for the Question and Answer segment where he calls for National Cell Phone Right To Know Legislation: https://www.youtube.com/watch?v=IzfoGy917yA
See also Dr. Davis' Environmental Health Trust website for coverage of additional legal actions: https://ehtrust.org/?s=legal
TalkMarkets provided a market analysis in the 2017 article, "A Coming Storm for Wireless?": http://www.talkmarkets.com/content/stocks--equities/a-coming-storm-for-wireless?post=143501
Leading attorneys specializing in wireless radiation gave a webinar as part of the 2021 TechSafe Schools project launch, and provide an overview of legal risks as well as specific steps to take to protect one's school: https://www.techsafeschools.org/webinars
Former FCC Attorney: How the FCC Fails to Follow Environmental Laws and Fails the Public: See interview and article: ehtrust.org/former-fcc-attorney-how-the-fcc-fails-to-follow-environmental-laws-and-fails-the-public/
Lawsuits
There is an increasing number of legal cases:
- Cellphone industry product liability lawsuit for brain tumors:
www.saferemr.com/2014/08/major-breakthrough-in-cellphone.html Victory in Flower Hill, NY: Community wins wireless company's federal lawsuit after denying permits for 18 "small cell" wireless antennas based on no gap in coverage: ehtrust.org/flowerhillny/
American's for Responsible Technology (ART) and the BroadBand International Legal Action Network (BBILAN) are suing the U.S. Department of Health and Human Services and the Food and Drug Administration for having never done a formal review of the EMF science before reaffirming the FCC's public radiation limits. Webinar will be posted here: www.bbilan.org/
The Supreme Court of Pennsylvania is reviewing the legality of making utility "smart" meters mandatory:
childrenshealthdefense.org/defender/pennsylvania-supreme-court-smart-meter-mandate-case-chd/A Havana Syndrome diplomat injured by RF/EMF is suing the government for disability discrimination:
wearetheevidence.org/diplomat-injured-by-rf-sue-government-for-disability-discrimination/
See the Military Experts page for additional insights on the Moscow Signals experiment and Havana Syndrome.German court finds property owners can be liable for health impacts from base station antennas on their property:
www.emfacts.com/2022/07/german-court-finds-property-owners-can-be-liable-for-health-impacts-from-base-station-antennas-on-their-property/Utility groups and others are petitioning the FCC to delay opening the 6GHz band to block 6G consumer electronics that will threaten public safety:
www.activistpost.com/2021/12/utility-groups-others-petition-fcc-to-delay-opening-6ghz-band-to-block-6g-consumer-electronics-that-will-threaten-public-safety.htmlJML Law Wins Appeal in 'Unprecedented' Disability Case Against LAUSD for Failure to Accommodate Teacher With Electromagnetic Hypersensitivity: Brown v. LAUSD establishes that symptoms of 'electromagnetic hypersensitivity' a.k.a. 'Microwave Sickness' could be deemed a 'physical disability' under the FEHA: https://www.accesswire.com/viewarticle.aspx?id=637661&token=hzivngfkuma2h2xz6rhu
A South Lake Tahoe, California property owner has filed a landmark federal lawsuit in the U.S. District Court in Sacramento against the Tahoe Regional Planning Agency (TRPA), Verizon Wireless, and the Tahoe Prosperity Center, Inc. to prevent the looming proliferation of 5G-enabled “small cell” antennas and macro cell towers throughout the Tahoe region until rigorous environmental reviews of the proposed infrastructure have been completed by the TRPA as mandated by its own rules. This lawsuit also addresses Americans with Disabilities Act (ADA) and Fair Housing Amendments Act (FHAA) for reasonable accommodation from radiation emissions: https://ehtrust.org/lake-tahoe-federal-lawsuit-5g-health-and-environmental-effects-press-conference/
Children's Health Defense ("CHD") filed a lawsuit against the Federal Communications Commission ("FCC"), challenging the amendment to the "Over-the-Air Reception Devices" rule ("OTARD") that was adopted on 1/7/2021. The case was filed in the US Court of Appeals of the DC Circuit. The amendment enables installation of harmful radiation transmitting antennas on homes, thus pulsing radiation at neighbors, and eliminates all state and local zoning authority. See lawsuit press release: https://www.prnewswire.com/news-releases/chds-new-case-challenges-the-fccs-wireless-wild-west-rule-301239263.html
Listen to the December 7, 2021 OTARD case oral arguments here: youtu.be/ZfSwOxuz8JY?t=1838
Dafna Tachover, Esq., provides a 15 minute overview of the case in this interview with Arizonans for Safe Technology: https://www.youtube.com/watch?v=vbHl8W6CAvw
The BroadbandNow website allows you to enter a zip code and see what providers are in your town. Those offering fixed wireless may be looking to put toxic cell antennas on private property: https://broadbandnow.com/
The Environmental Health Trust and a coalition of other commentators in 2020 also filed a court appeal challenging the FCC’s order terminating its evaluation of the adequacy of FCC RF radiation limits. Donations are gratefully accepted to help fund their efforts:
Listen to oral arguments in court, see filings, and EHT press conference: https://ehtrust.org/judge-wilkins-to-the-fcc-i-am-inclined-to-rule-against-you-video-court-transcript-and-press-conference-replay/
Robert F. Kennedy, Jr.'s Children's Health Defense also submitted an historic case in 2020 against the FCC for wireless harms. Donations are gratefully accepted to help fund their efforts.
The two above lawsuits were combined in the U.S. Court of Appeals in the District of Columbia, and the following amicus briefs were filed too:
Amicus of Attorney Joe Sandri including declaration of Dr. Linda Birnbaum, former Director of the National Institute of Environmental Health Sciences
The D.C. Circuit Court ruled the FCC was arbitrary and capricious in their decision to not update their 1996 public radiation exposure limits and clarified no proper safety assessment has ever been done by the FCC. See the ruling and press conferences here: https://us20.campaign-archive.com/?u=62f2cbcbd8eeef4c8fe3da281&id=b756d5829c
The IRREGULATORS have successfully appealed an FCC decision and exposed one of the largest accounting scandals in American history by the FCC and industry. This paves the way for our states to recoup the finances customers already paid to bring safe, fast, reliable hard-wired technology to the premises: http://irregulators.org/?fbclid=IwAR3ujLQ7sEcLtvixd3QfmhlTsOfTY-iqZXuy1fP8PqiU28wx1utfz_7H440
See specific information for Massachusetts: http://irregulators.org/maverizonfiberfailureresources/
See a state-by-state breakdown of overcharges: http://irregulators.org/overchargedamerica/
The FCC was sued by 68+ local governments in the Ninth Circuit Court in Pasadena, California over preemption of local control which streamlines the rollout of 5G. Below is the court hearing on case 18-72689 from February 10, 2020 in which two lawsuits were consolidated into one:
Part 1: https://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000017033
Part 2: https://www.ca9.uscourts.gov/media/view_video.php?pk_vid=0000017034
The courts found in favor of the FCC in August 2020.
Later in August 2020 Boston, Seattle and other cities also filed a case, which the FCC got moved from the DC Circuit Court to the Ninth Circuit Court: https://alpaca-chinchilla-x6xf.squarespace.com/s/CITY-OF-BOSTON-MA-et-al-v-FCC-petition_No-20-1301_08102020.pdf
Apple was sued in a class-action lawsuit for iPhone exposures that exceed FCC limits when used as advertised: https://www.law360.com/articles/1241627/alsup-laments-dumb-fcc-in-iphone-radiation-suit
The above Apple lawsuit was dismissed, and in 2023 consumers are asking the U.S. Supreme Court to rule: https://news.bloomberglaw.com/litigation/iphone-users-seek-scotus-review-of-radiation-preemption-ruling
Experienced telecom lawyer Andrew Campanelli indicates the industry provides our towns with fraudulent information to lead them to believe they have no recourse. He has taken more than 7,000 individual and municipal cases and won 75-80%. See this one-hour interview to learn what is legal and what questions to ask to protect our towns: https://www.youtube.com/watch?v=UtT6gVH584s&feature=emb_logo
This interview with Mr. Campanelli was arranged by Pensacola, FL residents and offers strategies for organizing in one's town: https://www.youtube.com/watch?v=PtFbRAXvv1U
Mark Pollock, Esq., is also an experienced environmental and 5G litigator in California, as is Harry Lehmann, Esq. Thank you to Paul McGavin for this interview with Mr. Pollock discussing strategies to oppose 4G/5G small cells in residential areas: https://www.youtube.com/watch?time_continue=83&v=csnxTOcF3A8&feature=emb_logo
5G Free California held a legal strategies webinar with attorneys Andrew Campanelli, Dafna Tachover, Julian Gresser, Raymond Broomhall and Scott McCollough: https://5gfreecalifornia.org/2020/04/07/replay-and-notes-from-4-2-2020-zoom-meeting/
Family sues telecoms after Louisiana pastor dies of brain cancer: https://www.prnewswire.com/news-releases/lundy-lundy-soileau--south-llp-in-new-attack-on-telecom-secrecy-family-of-pastor-alleges-cell-phone-radiation-link-to-his-deadly-brain-cancer-301265388.html
A Georgia resident is suing Verizon over 5G poles, citing property devaluation and health risks: https://www.stop5gsandysprings.com/news.html
The French law firm Beaubourg avocats represented by attorney Elias Bourran filed a class action suit against the Chinese smartphone manufacturer Xiaomi with the Paris Public Prosecutor's Office on Friday, July 17, 2020.
This class action, which brings together some sixty plaintiffs, follows the criminal complaint filed on April 15, 2019, by the Phonegate Alert NGO and has since been monitored by the Public Health Unit of the Paris Public Prosecutor's Office. For attorney Elias Bourran who represents the plaintiffs:
"By marketing non-compliant mobile phones, Xiaomi is accused of three offences: deception on the one hand, a deceptive commercial practice on the other hand and finally endangering the lives of others. The victims have joined together to file a complaint and are seeking, in addition to reimbursement of the telephone, damages and interest. https://www.phonegatealert.org/en/press-release-phonegate-60-plaintiffs-file-class-action-against-xiaomi
As reported by We Are The Evidence, in January 2019 a French court recognized electromagnetic-sensitivity as an occupational disease: https://wearetheevidence.org/french-court-recognized-electromagnetic-sensitivity-as-an-occupational-disease/
French farmers are suing the state over mystery cow deaths they blame on electromagnetic fields: https://www.telegraph.co.uk/news/2019/04/26/french-farmers-sue-state-mystery-cow-deaths-blame-electromagnetic/
In December 2018 Arthur Firstenberg and others filed a lawsuit in Santa Fe, New Mexico contesting the constitutionality of the 1996 Telecommunications Act: https://www.emfconsultant.com/Long-awaited-Lawsuit.html
Montgomery County, Maryland, is suing the FCC over unsafe 5G radiation: https://bethesdamagazine.com/bethesda-beat/government/county-to-sue-fcc-over-radio-frequency-emission-standards-for-small-cell-antennas/
India's Supreme Court will hear petitions regarding mobile cell tower radiation in November 2018: https://www.thehindubusinessline.com/info-tech/sc-admits-pleas-against-mobile-tower-radiation/article24949596.ece
Australians are organizing a 2018 nation-wide class action lawsuit against the telecom industry and their government: https://www.echo.net.au/2018/07/wilsons-creek-residents-take-class-action-telstra-tower/
Native American tribes are suing to prevent the industry from circumventing permitting processes and forcing 5G infrastructure onto their lands: http://www.insidesources.com/more-tribes-signing-on-to-lawsuit-fighting-fcc-rule-change-for-5g-installation-permits/
In 2017 an Italian employee was awarded monthly social security payments after a court found his brain tumor was caused by improper use of a company-issued cellphone. Of particular note, the court's expert refused to accept into evidence studies that were funded by the telecom industry: https://www.courthousenews.com/italian-court-finds-link-cell-phone-use-tumor/
The Court of Appeal of Turin, Italy also confirmed in a full judgment published on 13 January 2020 (904/2019 of 3.12.2019 , Romeo v. INAIL) the decision of the Tribunal of Ivrea of 2017. Judge Fadda considers that the worker’s acoustic neuroma (benign tumour of the head) was indeed caused by the use of the mobile phone: https://www.phonegatealert.org/en/the-court-of-appeal-of-turin-confirms-the-link-between-a-head-tumour-and-mobile-phone-use
Several other Italian cases have been won too, as compiled by We Are the Evidence: https://wearetheevidence.org/fifth-court-in-italy-ruled-cell-phones-cause-cancer-and-determined-it-is-an-occupational-disease/?fbclid=IwAR2UVxNslNb0JLUxG5XnG32ixxBPcHkFpnika98o2MKX0C12sDymP_b5GAk
In May 2015 Berkeley, California passed an historic right to know ordinance to ensure consumers know what is in the fine print in the legal section of their user manual:
"The City of Berkeley requires that you be provided the following notice:
To assure safety, the Federal Government requires that cell phones meet radio frequency (RF) exposure guidelines. If you carry or use your phone in a pants or shirt pocket or tucked into a bra when the phone is ON and connected to a wireless network, you may exceed the federal guidelines for exposure to RF radiation. This potential risk is greater for children.
Refer to the instructions in your phone or user manual for information about how to use your phone safely."CTIA-The Wireless Industry sued three times to block this legislation, and lost. Note, the one judge who did not support the Berkeley ordinance is married to a telecom company employee working on 5G wireless infrastructure design. See the Rueter's article for a summary of the 2017 ruling: http://www.reuters.com/article/us-otc-speech-idUSKBN17Q262
In December 2019 the Supreme Court ruled to uphold the Berkeley Ordinance, and other municipalities can now adopt this notification requirement too. Others are advised to use the exact wording above, as the industry is unlikely to sue if the exact wording is used: https://kfgo.com/news/articles/2019/dec/09/us-supreme-court-rejects-challenge-to-berkeley-cell-phone-law/964948/
Law Letter: “Small Cell” Bill Will Shift Liability and Reasonably Result in Bankruptcy of California. Submitted as testimony on SB.649: https://ehtrust.org/law-letter-small-cell-bill-will-shift-liability-reasonably-result-bankruptcy-california-sb649/
Cell phone lawsuits: http://www.saferemr.com/2014/08/major-breakthrough-in-cellphone.html
A Vermont couple won $1M in damages after a cell tower was forced on to their property; they also won the industry's 2014 appeal: https://vtdigger.org/2014/03/12/jury-denies-velcos-bid-new-trial-radio-tower-case/
StopSmartMeters.org has tracked smart meter lawsuits, some of which have been won: https://stopsmartmeters.org/smart-meter-lawsuits/
Canadian Class Action Lawsuit: In 2015, a citizen of Quebec decided to bring a class action against a variety of manufacturers and users / providers of wireless technologies that expose the population to a variety of wireless technologies, despite the growing concern about security of these technologies and the possibility of adverse effects on human, animal and plant life. http://collectiveactionquebec.com/index.html
Canadian Class Action Smart Meter Lawsuit: Filed in 2013: http://emfsafetynetwork.org/class-action-lawsuit-filed-against-bc-hydro-smart-meters/
In 2015, a family with a son diagnosed with electrohypersensitivity (EHS) filed a lawsuit in the U.S. District Court seeking protection under the Americans with Disabilities Act from The Fay School in Southborough, Massachusetts (law firm Markham & Read): www.networkworld.com/article/2975945/mobile-wireless/massachusetts-boarding-school-fay-southborough-sued-over-wi-fi-sickness.html
For the first time in American courts, non-thermal effects are recognized: https://www.leagle.com/decision/infdco20171006q74
In Australia, Premiere Compensation Lawyers are taking on EMF cases on a no win – no fee basis: https://premiercompensationlawyers.com.au/service/compensation-law/wifi/
Attorney Ray Broomhall in Australia has come up with a legal strategy that he's been winning with to have cell towers, small cells, etc., removed. Others may wish to take a look to see if it will hold up elsewhere: https://emrlegaleducation.com/legal-education-documents/
As reported in Microwave News, "German Court Moves to Silence Relentless Critic of RF DNA Studies; Alexander Lerchl’s Unfounded Claims of Fabricated Data from Vienna Lab; 13-Year Campaign of Disinformation: https://microwavenews.com/news-center/german-court-moves-silence-critic-rf-dna-breaks
In Europe, mobile phone giant Vodafone suffered a court defeat that could open door to wave of legal challenges by landowners that host 5G phone masts: https://www.thisismoney.co.uk/money/markets/article-8676853/5G-roll-fears-Vodafone-loses-court-fight.html
Disability
The United States Access Board's IEQ Indoor Environmental Quality Project indicates electromagnetic sensitivities may be considered disabilities under the Americans with Disabilities Act (ADA): https://www.access-board.gov/research/completed-research/indoor-environmental-quality/introduction
The Access Board recommends the following accommodations:
Job Accommodation Network (JAN) is one of several services provided by the U.S. Department of Labor's Office of Disability Employment Policy (ODEP). JAN offers the following Accommodation Ideas for Electromagnetic Sensitivity:
https://askjan.org/disabilities/Electrical-Sensitivity.cfm
A Maine resident with cancer is suing Central Maine Power over discriminatory smart meter fees: https://childrenshealthdefense.org/news/maine-resident-with-cancer-sues-central-maine-power-over-discriminatory-smart-meter-opt-out-fees/?itm_term=home#
In August 2015, the first person in France was provided disability compensation for electrohypersensitivity (EHS): http://www.buergerwelle.de:8080/helma/twoday/bwnews/stories/6753/
In Grenoble, France, a judge ordered the "smart" water meter be replaced with a non-radiation-emitting meter at the home of a person who is electrosensitive in November 2016. Below is a roughly translated article: http://www.lepoint.fr/societe/compteur-d-eau-intelligent-une-electrosensible-obtient-son-retrait-09-12-2016-2089186_23.php
In 2016, the High Court of Madrid found in favor of an EHS sufferer, an ex-employee of the telecommunications company Ericsson: http://mieuxprevenir.blogspot.co.uk/2016/08/spain-high-court-of-madrid-ruling.html
Workers Compensation
"The WHO/IARC report has the potential of causing a major new wave of workers' compensation claims for cancer," reports WorkersCompensation.com: http://www.workerscompensation.com/compnewsnetwork/workers-comp-blogwire/11059-the_next_wave_of_workers.html
An Australian scientist was awarded workers compensation for Wi-Fi pain: http://www.news.com.au/technology/csiro-scientist-dr-david-mcdonald-wins-compensation-for-wifi-pain/news-story/0a2abc1814dca200d9e54b05f810c8f5
Teachers Unions
Teachers unions are recognizing the risks of wi-fi in their work environment and are seeking protection: http://www.parentsforsafetechnology.org/teacher-unions-parent-teacher-organizations.html
See also the attached position paper from Ontario English Catholic Teachers Association.
Note: The information provided here is publicly available on the Internet.
It is intended to provide a starting point to inform you of EMF dangers.
Please do your own research, draw your own conclusions, and act accordingly to protect those you love.