ELR Citation: 51 ELR 20157
No(s). 20-1025 (D.C. Cir. Aug 13, 2021)

The D.C. Circuit granted in part petitions to review the Federal Communications Commission's (FCC's) order regarding the adequacy of the Commission's guidelines for exposure to radiofrequency (RF) radiation. Environmental groups argued the FCC violated the APA by failing to acknowledge evidence of negative health effects caused by exposure at levels below the limits set by the Commission's 1996 guidelines, and by failing to respond to significant comments concerning environmental harm caused by RF radiation. The court found the FCC failed to respond to record evidence that exposure at levels below its current limit may cause negative health effects unrelated to cancer, and completely failed to respond to comments concerning environmental harm. The groups also argued that NEPA required the Commission to issue an EA or EIS regarding its decision. The court found the FCC was not required to issue either an EA or an EIS because there was no ongoing federal action regarding its RF limits. It therefore granted the petitions in part and remanded to the Commission to provide a reasoned explanation for its determination that its guidelines adequately protected against harmful effects of exposure to RF radiation unrelated to cancer.