Case 21-1075 Amici Curiae Brief

United States Court of Appeals
For the District of Columbia Circuit

No. 21-1075

Petition for Review of Order Issued by the
Federal Communications Commission

Children’s Health Defense, Dr. Erica Elliot, Ginger Kesler, Angela Tsiang,
Jonathan Mirin, Petitioners


Federal Communications Commission and United States of America,

Brief of Amici Curiae in Support of Petitioners
(Read the pdf.)

Stephen Díaz Gavin
Rimôn, P.C.
1717 K Street, N.W.
Suite 900
Washington, D.C. 20006
TEL: 202-871-3772

  • Counsel for Amici Curiae Safe Technology Minnesota and Wired Broadband, Inc.
    And other Amici Curiae
  • Amici Curiae Support Reversal of Respondent Federal Communications

Table of Conteents

Page Contents
ix Table of Contents
x Table of Authorities
xi Glossary
xii Rule 29 Statement of Identity, Interest, Authority, Authorship, and Financial Contribution
1 Introduction
5 Summary of Argument
6 Argument
16 Certificate of Compliance
17 Certificate of Service
35 Statutory Addendum
39 Exhibit 1 – Declaration of Interest of Petra Brokken — Safe Technology Minnesota
41 Exhibit 2 – Declaration of Interest of Odette Wilkens — Wired Broadband, Inc.
44 Exhibit 3 – List and Description of Additional Amici Curiae

List of Amici Curiae

  1. A Voice for Choice Advocacy, Inc.
  2. Alliance for Microwave Radiation Accountability, Inc.
  3. Alliance for Natural Health, Usa
  4. Americans for Responsible Technology
  5. Arizonans for Safe Technology
  6. Bee Heroic LLC
  7. Social Justice Committee
  8. Boyle Heights Community Garden
  9. Building Biology Institute
  10. California Brain Tumor Association
  11. Canadians for Safe Technology
  12. Center for Electrosmog Prevention
  13. Center for Safer Wireless
  14. Centerville Concerned Citizens
  15. Citizens for 5G Awareness
  16. Coloradans for Safe Technology
  17. Connecticut Residents for Responsible Technology
  18. Dams, Inc.
  19. Eco-Learning Legacies LLC
  20. The Electromagnetic Safety Alliance, Inc.
  21. Emf Wellness LLC
  22. 5G Free California
  23. 5G Free Rhode Island
  24. Families Managing Media Inc.
  25. Green Party of Alameda County
  26. Keep Cell Antennas Away
  27. Keep Your Power
  28. Kunze Productions, LLC
  29. Last Tree Laws
  30. The Leto Foundation
  31. Malibu Agricultural Society
  32. Malibu for Safe Tech
  33. Massachusetts for Safe Technology
  34. Moms Across America
  35. Napa Neighborhood Association for Safe Technology
  36. National Health Federation (NHF)
  37. National Toxic Encephalopathy Foundation
  38. Nevada City Telecommunications Ordinance Public Working Group
  39. New Yorkers 4 Wired Tech
  40. No Spray Coalition, Inc.
  41. Oregon for Safer Technology
  42. Patrons of the Planet
  43. The People’s Initiative Foundation
  44. Plumas Wired!
  45. Rhode Islanders for Safe Technology
  46. Saint Croix Appraisals
  47. Safe Tech for Santa Rosa
  48. Safe Technology Minnesota
  49. Safe Tech Santa Barbara County
  50. Safe Tech Tucson
  51. Santa Barbara Body Therapy Institute
  52. Santa Barbara Green Sisters
  53. Stop 5G Carlsbad
  54. Stop 5G International
  55. Stop 5G Jax
  56. Stop 5G Sandy Springs
  57. Stop Smart Meters!
  58. Sustainable Upton
  59. Toxics Information Project
  60. Virginians for Safe Technology LLC
  61. Whole Family Chiropractic, PLC
  62. Wired Broadband, Inc.
  63. Wireless Radiation Education & Defense
  64. Wire America™
  65. Wire Tucson
  66. WJ Thom Company


  1. A VOICE FOR CHOICE ADVOCACY, INC. is a 501(c)(4) non-profit corporation based in California that advocates for people’s rights to be fully informed about the composition, quality, and short- and long-term health effects of all products that go into people’s bodies, such as food, water, air, pharmaceuticals and cosmetics.
  2. ALLIANCE FOR MICROWAVE RADIATION ACCOUNTABILITY, INC. is a nonprofit corporation that seeks to improve public health and safety through the advocacy of tougher standards and safer technology.
  3. ALLIANCE FOR NATURAL HEALTH, USA is a 501(c)(4) nonprofit corporation working to protect the right of all Americans to choose natural and regenerative health options for themselves and the planet. They have over a million members.
  4. AMERICANS FOR RESPONSIBLE TECHNOLOGY, managed by Grassroots Communications, Inc. which is a New York 501(c)(4) non-profit corporation, is a national coalition of grassroots organizations whose mission is to stop the unconstrained proliferation of 5G small cell antennas and promote equitable access to technologies that benefit society and protect the health, safety, privacy, and property of Americans.
  5. ARIZONANS FOR SAFE TECHNOLOGY is a group seeking to protect Arizona neighborhoods through better, safer technologies.
  6. BEE HEROIC LLC is a nonprofit, limited liability company located in Colorado. It is an adult focused pollinator and climate project focused on agrochemical threats, telecommunication/5G/IoT, geoengineering, and other environmentally and biologically destructive industries that contribute to the mass extinction of a key indicator species.
  7. SOCIAL JUSTICE COMMITTEE is a faith-based committee of the Berkeley Fellowship of Universalist Unitarians, a 501(c)(3) non-profit organization based in California, whose mission is to support inclusion and diversity, environmental stewardship, fair labor practices, and general peace, democracy, and human rights in the U.S. and abroad.
  8. BOYLE HEIGHTS COMMUNITY GARDEN is a grassroots organization based in California whose mission is to create more green spaces to counter environmental injustice.
  9. BUILDING BIOLOGY INSTITUTE is a 501(c)(3) non-profit corporation, now in its thirty-fourth year (as of 2021), to enable professionals and the general public to create and live in healthy homes, schools, and workplaces free of toxic indoor air, tap-water pollutants, and hazards posed by electromagnetic radiation exposure.
  10. CALIFORNIA BRAIN TUMOR ASSOCIATION is a 501(c)(3) non-profit organization whose mission is to educate the public about health and safety information regarding environmental health threats. 11. CALIFORNIANS FOR RENEWABLE ENERGY (CARE) is a 501(c)(3) non-profit corporation whose purpose is to offer legal advice and appear before administrative bodies to help enforce environmental laws through court actions.
  11. CANADIANS FOR SAFE TECHNOLOGY is a not-for-profit organization based in Ontario, Canada whose mission is to promote the use of biologically safe and fiscally responsible technology in our homes, schools, communities and workplaces.
  12. CENTER FOR ELECTROSMOG PREVENTION is a 501(c)(3) nonprofit corporation in California whose mission is the prevention and reduction of electromagnetic pollution.
  13. CENTER FOR SAFER WIRELESS is a 501(c)(3) nonprofit organization based in Virginia whose mission is to educate parents, children, health providers, educators, and governments about the risks and safer use of wireless technology.
  14. CENTERVILLE CONCERNED CITIZENS is a grassroots advocacy group in Massachusetts focused on advancing environmental health and protecting the community of Centerville. It was founded to stop the powering of a telecommunications cell tower in the historic village of Centerville. After starting with only nine neighbors, they now have hundreds of supporters to keep the community free of dangerous, untested wireless technology. “We have children and grandchildren that will one day look to us and be grateful we fought so strongly for their future health and well-being.”
  15. CITIZENS FOR 5G AWARENESS is a grassroots organization in New York which was created when wireless facilities were cropping up in their neighborhoods. Their mission is to educate Long Island communities and advocates for safer technological solutions and to contact local, state, and federally elected officials to reject 5G infrastructure in order to ensure the health and wellbeing of all citizens and the environment that such officials have sworn to protect.
  16. COLORADANS FOR SAFE TECHNOLOGY is an advocacy group based in Colorado whose mission is to educate the public and public representatives of the risks and downsides of wireless technology and to promote the implementation of safe, efficient alternatives. 18. CONVERGING STORMS ACTION NETWORK is an advocacy group based in California that advocates sustainable alternatives — healthy, humane, just, and economically and politically democratic.
  17. CONNECTICUT RESIDENTS FOR RESPONSIBLE TECHNOLOGY is a grassroots organization based in Connecticut consisting of 1500 members, most of whom have suffered from RF and whose mission is to increase community awareness of the negative health effects of having macro cell towers in close proximity to homes, schools, health centers and workplaces, and to stop the irradiation of citizens.
  18. DAMS, INC. is a 501(c)(3) nonprofit corporation based in Minnesota whose mission is to educate about mercury, fluoride and other toxic pitfalls in dentistry. It is also concerned about the proliferation of wireless radiation causing biological harm. DAMS stands for Dental Amalgam Mercury Solutions.
  19. ECO-LEARNING LEGACIES LLC is a corporation in Minnesota whose mission is to create educational tools and training that communicate the necessity and value of creating “eco-intelligent” lifestyles, and that serve to alleviate environmentally caused illness now affecting all people and living things.
  20. THE ELECTROMAGNETIC SAFETY ALLIANCE, INC. is a 501(c)(3) nonprofit corporation based in Arizona whose mission is to educate and advocate to others about the health risks of electromagnetic fields. Their fiscal sponsor is
  21. EMF WELLNESS LLC is a 501(c)(3) company in Arizona comprised of residents, business owners and members of the various communities within Pima County and the City of Tucson who are committed to working in partnership with elected officials to enact a telecommunications ordinance that protects public safety, privacy, and property values.
  22. 5G FREE CALIFORNIA is a 501(c)(3) corporation based in California whose mission is to engage in education, outreach and advocacy on the health effects of wireless radiation and on support for safer technology, to enhance the vision that people have the right to be protected from harm and that those already injured are acknowledged, respected and supported, and that people have the right to make informed choices about exposure to radiation and health sovereignty.
  23. 5G FREE RHODE ISLAND is a group of private individuals with a common interest in protecting humans and the environment from the harms of wireless radiation. Its mission is to continue to actively educate communities and public officials at the city, state, and federal levels. It takes action in furtherance of the foregoing by holding their cities and towns accountable for protecting all residents and stopping the 5G rollout.
  24. FAMILIES MANAGING MEDIA INC. (DBA SCREENSTRONG) is a 501(c)(3) corporation that educates and empowers families to develop a healthy digital lifestyle for their children away from screen dependency and believe in keeping the benefits of technology for kids while empowering parents to delay toxic tech – video games, smartphones, social media.
  25. GREEN PARTY OF ALAMEDA COUNTY is an organization in California and is committed to the Ten Key Values of the Green Party of California: ecological wisdom, sustainability, social justice, grassroots democracy, respect for diversity, decentralization, community-based economics, non-violence, feminism and local and global responsibility.
  26. KEEP CELL ANTENNAS AWAY is an informal group of residents in California, united by a common goal of keeping cell antennas away from homes and whose mission is to influence what their city does on 5G by building a large and active movement of residents.
  27. KEEP YOUR POWER is an advocacy group in Hawaii that consists of a coalition of educated, concerned citizens whose mission is to stop harmful wireless technologies from being deployed in the Hawaiian islands and to advocate for safe technology.
  28. KUNZE PRODUCTIONS, LLC is a for-profit company based in California which presents an investigative documentary called “Mobilize” that explores the potential long-term health effects from cell phone radiation, including cancer and infertility.
  29. LAST TREE LAWS is an informal group for advocacy based in Massachusetts and is also organized as a Massachusetts state ballot question committee, focusing on lobbying and ballot question work. Its mission is to lobby for environmental and social justice, as well as reducing wireless exposures.
  30. THE LETO FOUNDATION is a private non-operating 501(c)(3) foundation based in Massachusetts whose mission is to engage in children’s health advocacy on various environmental issues.
  31. MALIBU AGRICULTURAL SOCIETY is an organization that consists of a community of people who share a love of gardening, growing food and homesteading through cultural gatherings, simple ceremonies and skill sharing. Its mission is to enact an environmentally sustainable, spiritually fulfilling, socially just human presence on the planet.
  32. MALIBU FOR SAFE TECH is an organization in California that consists of active local residents fighting to protect the community and environment from the threats of wireless telecommunication. Its mission is to raise awareness of these immediate issues and actively participate in local government to stop the spread of 5G before the effects of 5G become detrimental to residents.
  33. MASSACHUSETTS FOR SAFE TECHNOLOGY is a public interest advocacy group based in Massachusetts and is a project under the 501(c)3 nonprofit Concerned Citizens for the Appropriate Placement of Telecommunications Facilities, Inc., which serves as its fiscal agent. Its mission is to educate citizens, public servants, lawmakers and health care professionals on the risks of wireless radiation exposure to children, adults and our environment and to promote the use of biologically safe and fiscally responsible technology in our homes, schools, communities, and workplaces.
  34. MOMS ACROSS AMERICA is a 501(c)(3) nonprofit organization with national networks based in North Carolina which reaches millions of people every month. Its mission is to educate and empower mothers and others with actions and solutions to create healthy communities.
  35. NAPA NEIGHBORHOOD ASSOCIATION FOR SAFE TECHNOLOGY is an organization based in California whose mission is to inform others about the negative health and environmental effects of wireless radiation, citing the thousands of scientific studies available, and the benefits of using wired connections instead.
  36. NATIONAL HEALTH FEDERATION (NHF) is a 501(c)(3) nonprofit organization in California whose mission is to educate consumers, producers, healthcare professionals, government and other leaders regarding freedom of choice and informed consent in healthcare, and to protect the health rights and freedom of individuals and healthcare practitioners regarding freedom of choice and true informed consent in all matters concerning healthcare.
  37. NATIONAL TOXIC ENCEPHALOPATHY FOUNDATION is a 501(c)(3) organization whose mission is to provide education and services to the growing segment of the population who are adversely affected by everyday chemicals and toxins in our environment, and to provide education on cell phone safety that is showing a correlation with the increase of brain tumors and cancer.
  38. NEVADA CITY TELECOMMUNICATIONS ORDINANCE PUBLIC WORKING GROUP is a group of individuals in Nevada, California whose mission is to amend the city’s telecommunication ordinance and strengthen the City’s legal authority to protect residents and the quiet enjoyment of their streets.
  39. NEW YORKERS 4 WIRED TECH is a group of grassroots advocates in New York whose mission is to alert the public to the serious biological harm caused by wireless communications infrastructure’s pulsed-modulated microwave radiation, and support municipally-owned and controlled wireline solutions — fiber optic broadband direct to homes and businesses as a basic public infrastructure, a public necessity and a public good — in the public rights-of-way. It advocates for the preservation and maintenance of existing legacy copper, switched telephone landlines.
  40. NO SPRAY COALITION, INC. is a non-profit corporation and an advocacy group against pesticides and for government limits on the use of pesticides, and advocating against 5G as critical to reversing the harms being inflicted on all life on the planet.
  41. OREGON FOR SAFER TECHNOLOGY was developed to educate people about safer uses of their wireless technology and to advocate for stronger legislation against cell tower/small cell (5G) antennae.
  42. PATRONS OF THE PLANET is an environmental group in Connecticut working to bring awareness and information to residents about the importance of protecting the lands, water, insects and air from the harmful effects of “small cells,” cell towers and smart meters, and advocated against a bill that would extend the rollout of “small cells.”
  43. THE PEOPLE’S INITIATIVE FOUNDATION is a 501(c)(3) nonprofit charity dedicated to educating the public and exposing the health effects from wireless radiation emitting devices and infrastructure — a threat not only to humans, but also to animals, plants, insects, birds, bees and trees, and now with the onset of 5G, a threat to the very oxygen that individuals need to breathe. It is committed to helping make real change by educating the public on how to change the laws, bringing their own lawsuits and educating legislators.
  44. PLUMAS WIRED! is an advocacy group of Plumas County residents in California, with hundreds of members, whose mission is to support safer, affordable, wired telecommunications for the public.
  45. RHODE ISLANDERS FOR SAFE TECHNOLOGY is an organization based in Rhode Island that envisions a world in which computer and telecommunications technology is safer. Its mission is to educate the public regarding wireless health risks and best practices.
  46. SAINT CROIX APPRAISALS is an organization that offers appraisal services for residential homes and educates people about the destructive effects of Wi-Fi and electromagnetic energies in their homes.
  47. SAFE TECH FOR SANTA ROSA is an advocacy group in California whose mission is to post relevant information about current and planned wireless transmission facilities and “small” cell sites in Santa Rosa, California and provide resources on the biological effects of microwave radiation as supported by scientific studies.
  48. SAFE TECHNOLOGY MINNESOTA, a project of the 501(c)(3) nonprofit corporation Minnesota Natural Health Coalition, has as its mission to educate and support the public regarding the health and environmental hazards of electromagnetic radiation, especially from wireless technology.
  49. SAFE TECH SANTA BARBARA COUNTY is an unincorporated association and advocacy group whose mission is to educate the community about the adverse cumulative effects of invisible wireless Radio Frequency Radiation (RFR) and advocate for safe technology.
  50. SAFE TECH TUCSON is comprised of residents, business owners and respected members of the various communities within Pima County and the City of Tucson who are committed to working in partnership with elected officials to enact a telecommunications ordinance that protects public safety, privacy and property values.
  51. SANTA BARBARA BODY THERAPY INSTITUTE is a for-profit corporation whose mission is to prepare students for professional practice in massage and bodywork to enhance body function through holistic practices. It is concerned about how radio frequency radiation from wireless technology negatively affects body functions.
  52. SANTA BARBARA GREEN SISTERS is a Facebook Group of women who support one another in the name of environmental protection, and they stand for social, economic, climate and environmental justice.
  53. STOP 5G CARLSBAD is a grassroots movement of residents in Carlsbad, California who are deeply concerned about the pending construction of 5G “small cell” towers every 300-500 feet throughout their neighborhoods.
  54. STOP 5G INTERNATIONAL is a coalition and advocacy group located in Maryland whose mission is to support the global effort to stop 5G because it poses an immediate threat to life on earth.
  55. STOP 5G JAX is an activist group of citizens whose mission is education and opposition to 5G in Jacksonville, FL and in the rest of Florida.
  56. STOP 5G SANDY SPRINGS is a citizens’ action group based in Georgia which provides information on news, recent lawsuits, legislation, and health risks
  57. STOP SMART METERS! is based in California and their fiscal sponsor is California for Renewable Energy. It is an advocacy, media outreach and direct action network providing activism, consultation and advice to dozens of local groups who are opposing wireless smart utility meter deployments for health, privacy, safety and other reasons.
  58. SUSTAINABLE UPTON is an environmental group based in Massachusetts which informs the residents of Upton, Massachusetts of issues that impact their community and works towards a sustainable future. It meets regularly with the Town Manager to advise the Town Manager on environmental issues, including water issues and safe technology.
  59. TOXICS INFORMATION PROJECT (TIP) is a 501(c)(3) nonprofit corporation based in California which strongly opposes deployment of 5G systems and informs residents about the high radiation installations and their dangerous and unhealthy effects.
  60. VIRGINIANS FOR SAFE TECHNOLOGY LLC is based in Virginia. Its mission is to advocate for safe, accessible, affordable, and ethical technology for all and provide information, education, resources, and support to empower consumers and lawmakers to make informed decisions and act as stewards of their communities.
  61. WHOLE FAMILY CHIROPRACTIC, PLC is a chiropractic office based in Minnesota that specializes in children and families and works with many children with stressed nervous systems and neurological challenges.
  62. WIRED BROADBAND, INC. is a nonprofit corporation in New York whose mission is to educate the public and government officials about the dangers associated with radio frequency radiation from wireless facilities and to advocate for the use of fiber optics as a safer, faster and more secure solution to broadband deployment in New York City and throughout the United States.
  63. WIRELESS RADIATION EDUCATION & DEFENSE is a grassroots nonprofit organization based in California and composed of concerned scientists, educators, parents, and activists. This organization is a fiscal project of Ecological Options Network (EON), which is a 501(c)(3) non-profit corporation. Its mission is to empower the public to regain the public’s autonomy and rights against
  64. WIRE AMERICA™ is a citizen journalist and advocacy organization in California, working to preserve local control over wired broadband and wireless telecommunications infrastructure. Local communities must retain the freedom to integrate the best broadband options for their residents. It has worked at the federal, state and local levels to tame the unnecessarily dense deployment of 4G/5G so-called “small” wireless telecommunications facilities (sWTFs) in residential neighborhoods.
  65. WIRE TUCSON is a dedicated group of Tucson, Arizona residents, working with the city to define workable solutions to the problems of 4G/5G so-called “small” wireless telecommunications facilities (sWTFs) in residential neighborhoods — BIG DATA via fiber optics and only calls and texts via wireless. The group works with physicians, scientists, attorneys, and researchers all over the country to educate and protect communities from the proven public harms to safety, privacy and property value caused by excessive effective radiated power emitted from wireless telecommunications facilities (WTFs) of any size or any “G”. It is seeking to ensure that the residents’ rights to privacy and the quiet enjoyment of streets (and homes) are preserved. The group is working to convince the Mayor and City Council that it is in the City’s best interest to protect their neighborhoods, schools and businesses from sWTFs and WTFs — to the fullest extent of the law.
  66. WJ THOM COMPANY is a for-profit corporation based in Minnesota whose interest lies in protecting the health and safety of its workers from the impacts of wireless technology, including that from 5G, and that it has had to shield its workplace from external RFR sources to protect its workers.