CHD v. FCC – Stopping OTARD Lawsuit

CHD v. FCC Case Filed

On 2/26/2021, the Children’s Health Defense (CHD) filed a new case (called a Petition for Review) against the Federal Communications Commission (FCC) challenging the amendment to the “Over-the-Air Reception Devices” rule (OTARD). The amended rule was adopted by the FCC on 1/7/2021 and went into effect on 3/29/2021.

CHD’s Petition was joined by four individual petitioners, including a physician and the two parents, each with two children who have been injured by wireless radiation. The case was filed in the US Court of Appeals for the DC Circuit.

Our OTARD Case

Robert F. Kennedy, Jr., justly described OTARD as a “draconian rule” as it will have overreaching implications. From the moment CHD became aware that the FCC intended to adopt this rule, it was clear to us that allowing it to go into effect without a challenge was not an option.

In April 2020, CHD started its campaign against OTARD by laying the groundwork for a lawsuit when it filed a 22-page letter with the FCC. The letter was joined by a record number of 15,090 people, and a staggering number of them, 6,231, declared that they and/or their children have become injured by wireless radiation.

Over 2,500 people added personal comments, many of them substantive, with heartbreaking testimonials of sickness and death caused by wireless radiation. Press here for a collection of 246 comments. Parents wrote about their children’s sickness with cancer, radiation sickness, and the aggravating effects of wireless on their children’s autism symptoms and seizures. They are terrified of the devastating effects the adoption of OTARD will have on their lives.

CHD’s suit, filed under the Administrative Procedures Act, asserts that the FCC’s adoption of OTARD violates constitutional rights and upends long-standing common law personal and property rights. It leads to due process violations, is arbitrary, an abuse of discretion, and it passed without authority and statutory jurisdiction.

Case Progress   Press Conferences & Webinars   In the Media

Watch Press Conferences & Webinars

Watch – Main Brief Submission & Amicus Brief Webinar and Q&A
Watch – Emergency Injunction Against the FCC Filed- Press Conference 

Case Progress

Amicus Brief Submission – June 30, 2021

Watch – Main Brief Submission & Amicus Brief Webinar and Q&A


Main Brief Submission – June 23, 2021

Main Brief Submission – Summary of Brief Arguments
Main Brief Submission – Press Release 
Watch – Main Brief Submission Webinar and Q&A


Motion for an Emergency Injunction – March 18, 2021

The Defender – CHD Files Emergency Injunction to Stop Rule Allowing 5G Antennas on Homes
Motion to Stay Filed – Press Release 
Watch – Emergency Injunction Against the FCC Filed- Press Conference 
The Defender – In ‘Disheartening’ Ruling, Court Paves Way for Deployment of 5G Wireless Antennas on Private Property


CHD v. FCC (OTARD) Case Filing February 26, 2021

The Defender – CHD Sues FCC to Stop New Rule That Could Lead to ‘Wireless Wild West’
CHD V. FCC OTARD Filed – Press Release 


CHD Submission to the FCC Docket – April 17, 2020

CHD Gives Notice to FCC Against 5G Cell Towers on Homes—Ex-Parte Letter Receives Over 15,000 Signatures!
Sign to Join CHD’s Submission to Stop FCC Rule Allowing 5G & Satellites Antennas on Homes


In the Media

Law360 – Group Rips Rule Allowing Base Station Antennas On Homes
The Defender – Principal Brief Filed in Children’s Health Defense’s Case Against FCC Rule Allowing Base Station Antennas on Homes
Brief Filed Against FCC by Children’s Health Defense, Challenging 5G Installations
RF Safety Groups Plan to File in Support of OTARD Challenge
The Defender – CHD Sues FCC to Stop New Rule That Could Lead to ‘Wireless Wild West
CHD’s New Case Challenges the FCC’s “Wireless Wild West” Rule
CHD’s New Case Challenges the FCC’s “Wireless Wild West” Rule
Principal Brief Filed in Case Against FCC “OTARD” Rule Amendment Which Allows 5G/IoT Antennas on Private Property
Emergency Injunction Filed by Youngsters’s Well being Protection Towards FCC Rule That Preempts Incapacity Rights Legal guidelines
CHD gives notice to FCC against 5G cell towers on homes – Ex-Parte letter receives over 15,000 signatures!


The post CHD v. FCC – Stopping OTARD Lawsuit appeared first on Children's Health Defense.

© 08 Jul 2021 Children’s Health Defense, Inc. This work is reproduced and distributed with the permission of Children’s Health Defense, Inc. Want to learn more from Children’s Health Defense? Sign up for free news and updates from Robert F. Kennedy, Jr. and the Children’s Health Defense. Your donation will help to support us in our efforts.

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