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
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Watch – Main Brief Submission & Amicus Brief Webinar and Q&A |
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Watch – Emergency Injunction Against the FCC Filed- Press Conference |
Case Progress
Amicus Brief Submission – June 30, 2021
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Watch – Main Brief Submission & Amicus Brief Webinar and Q&A |
Main Brief Submission – June 23, 2021
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Main Brief Submission – Summary of Brief Arguments |
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Main Brief Submission – Press Release |
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Watch – Main Brief Submission Webinar and Q&A |
Motion for an Emergency Injunction – March 18, 2021
CHD v. FCC (OTARD) Case Filing February 26, 2021
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The Defender – CHD Sues FCC to Stop New Rule That Could Lead to ‘Wireless Wild West’ |
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CHD V. FCC OTARD Filed – Press Release |
CHD Submission to the FCC Docket – April 17, 2020
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CHD Gives Notice to FCC Against 5G Cell Towers on Homes—Ex-Parte Letter Receives Over 15,000 Signatures! |
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Sign to Join CHD’s Submission to Stop FCC Rule Allowing 5G & Satellites Antennas on Homes |
In the Media
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