Legal Strategy

Six Legal Actions We Are Currently Supporting

Scroll down for details on each legal action. Your donations can be earmarked for any of these legal actions, or you can allow us to direct funds wherever they are most urgently needed.

• Preparing a lawsuit if the LA County Board of Supervisors fails to adopt the model legislation redline changes to Titles 16 and 22 of the LA County Code submitted by Fiber First LA, and instead passes proposed amendments that favor telecom companies over people and planet and favor wireless broadband over fiber-optic broadband
• Children’s Health Defense (CHD) vs the Federal Communications Commission (FCC) ~ Safety Limits Ruling ~ Update: We Won!
• Children’s Health Defense (CHD) vs the FCC Re: OTARD Ruling
• Healthy Heavens Trust Initiative challenging deployment of 5G satellites and related ground infrastructure
• Topanga Litigation Fund challenging 4G/5G Cell Towers and Small Cells
• Empowering Local Communities Initiative to fund Safe G litigation in more cities
• The Irregulators vs the FCC, exposing $Trillions in fraud by AT&T, Verizon, and CenturyLink

We see the FCC 5G Small Cell Order and the legislation that refuses to consider its harmful impact on health and environment as something we need to stop.

We see the FCC’s recent failure to update radio-frequency microwave radiation (RMR) transmission limits as something we need to challenge.
Update: We Won! See below for analysis of the win in CHD v FCC.

We see the FCC permitting of 50,000+ satellites and over one millions ground receivers as something we need to challenge.
See below for the Healthy Heavens Trust Initiative.

Hard-wired internet connections (fiber-optic, copper cable, and ethernet) allow much faster and safer connectivity than wireless connections, much greater network security and privacy, and we the people have already paid to have fiber-to-the-premises built out to our homes and businesses.

The Irregulators vs FCC Lawsuit exposed multi-billions in fraud, whereby Verizon and other major Telecom corporations used taxpayer funds and government subsidies to build out their wireless networks rather than the wired networks we were paying for, for over a decade, and also fraudulently claimed business tax losses on the wired networks to lower their corporate tax bills.

URGENT: Click to see our Call for Plaintiffs in a Lawsuit Against the FCC to Stop the 5G Roll-Out

The time has come to challenge Section 704 of the Federal Telecommunications Act of 1996, which takes away local authority and public input into siting this infrastructure and prohibits challenges based on environmental concerns, which has been interpreted to also include health concerns.

Many municipalities have written non-binding ordinances challenging the 5G wireless roll-out and demanding studies on health and safety. These municipalities have received letters from the telecommunications industry threatening lawsuits for challenging federal law.

We presently have a list of thousands of Electro-Sensitive people working with us who would welcome being a part of a lawsuit on this issue. We think a challenge could be placed on behalf of Electro-Sensitives (ES) and the failure to accommodate them under the Americans with Disabilities Act (ADA), since there will be no way to escape the radiation once this roll-out occurs.

A recent National Law Review Brief highlights the health concerns from 5G and calls for more local control.

An important note: A considerable amount of 5G can be done “wired” using fiber optic cables, the safer alternative, which is something we consumers have already paid for. But the telecommunications industry profits more from wireless. We think part of the solution now is to build a grassroots movement with legal support to halt the roll-out of this dangerous technology. The 5G roll-out has begun and time is of the essence.

Also, there are bills in the Senate Commerce Committee which would link 5G to national defense, making it still harder to halt.

Los Angeles County Amendments to Titles 16 and 22 of the LA County Code

Proposed amendments to “streamline” approval of applications for siting of new or upgraded wireless telecommunications facilities were written by telecom lobbyists. This is a landmark battle. If we convince the LA County Board of Supervisors to adopt model legislation for more protective ordinances regulating wireless telecommunication facilities, a positive precedent will be set for the rest of California and the rest of the United States. If we lose, we will fight back to prevent a bad precedent standing.

Legal Arguments in Support of More Protective Wireless Legislation

Click here to download the full 6-page pdf of Julian Gresser’s complete statement at the March 9, 2022 meeting of the Topanga Town Council, or scroll through it in the box below.

Click here to download a newer pdf file by Julian Gresser. Scroll down within the box to view all three pages.

Here is a link to the complaint recently filed by Harry Lehmann:  Angela Sherick-Bright, Petitioner v. The County of Los Angeles, Respondent.

Children’s Health Defense vs Federal Communications Commission ~ Failure to Update Safety Limits ~ We Won!

In December 2019, the FCC issued a statement that their current wireless telecommunications transmission limits are adequate to protect public health. Those guidelines were set in the 1980s, and ignored the large body of scientific literature already available at that time, proving ionizing and non-ionizing radiation causes biological damage to all living organisms. Instead, the FCC set transmission limits that referred only to thermal (heating) effects, and those limits have never been protective of human health. The FCC’s refusal to revise their fraudulent “safety” limits downwards is a crime against people and planet.

Over the last 25 years, thousands more peer-reviewed scientific research studies have been published proving that microwave radiation in the frequencies/wavelengths used by 2G, 3G, 4G, and WiFi wireless telecommunications technology causes a wide range of biological damage. There are also several studies on 5G millimeter-wave radiation, but most of them are classified because those wavelengths are used by the military in weapons systems.

We have all the studies we need to ban the levels of microwave radiation transmission currently in use based on the proven harms directly caused to people, animals, bees and other insects, plants and trees, and even microbes.

We are taking legal action against the FCC for its refusal to lower their limits on wireless technology microwave radiation transmissions. Update: We won!

Children’s Health Defense (CHD) is a non-profit organization dedicated to ending the epidemic of children’s chronic health conditions. The organization recognizes that wireless technology radiation is a contributing factor to the exponential increase in sickness among children. During the course of this lawsuit, Dafna Tachover served as the director of the 5G Harms Project. When donating to CHD in support of this lawsuit, please make sure to specify that you want your donation to support the 5G Harms Project.

This lawsuit was filed on January 21, 2020, in response to the FCC decision to decline to revise its scientifically fraudulent “safety” guidelines that have not been updated since the 1980s, and which were fraudulent when they were first established.

In 2012, the USA General Accountability Office published a report recommending that the FCC re-assess its radio-frequency microwave radiation (RFR) limits. As a result, in 2013, the FCC opened docket 13-84 asking for public comment. Despite overwhelming evidence in support of new guidelines submitted by hundreds of individuals and scientists, the FCC did nothing. On December 4, 2019, the FCC closed the docket and affirmed the adequacy of its existing guidelines without proper assessment. CHD’s lawsuit challenges that FCC decision.

The legal team for this lawsuit included:

• Robert F. Kennedy, Jr., Director of Children’s Health Defense, leading environmental law attorney, environmental law professor, and author.
• Scott W. McCollough, veteran environmental law attorney, also represents The Irregulators in their lawsuit against the FCC, a case which has exposed a multi-billion dollar fraud by Telecom companies.
• Dafna Tachover, Director of the 5G and Wireless Harms program at Children’s Health Defense, attorney, and telecommunications expert.

See the original full press release here.

Press Conference Announcing Historic Win in CHD et al vs FCC

Children’s Health Defense hosted a Press Conference via zoom on August 16, 2021, with:

• Dafna Tachover, Esq.
• Robert F Kennedy, Jr.
• Scott McCollough, Esq.
• David Carpenter
• Scientists working on this for years
• Doctors who treat microwave sickness, including treating children with severe reactions such as not being able to speak when near wifi
• Isable, a teenager who had to leave school due to severe reaction to wifi, and whose family had to move away from cell towers to support her healing
• Long term activists for this cause 

August 16 2021 Press Conference on Win vs the FCC

Scroll down on this page to view the video of the Press Conference on CHD.TV celebrating the win against the FCC.

Another Interview Explaining the Win in CHD vs FCC

CHD vs FCC Merged with EHT vs FCC

The Environmental Health Trust also filed a similar lawsuit challenging the FCC’s refusal to update their safety limits. That case was combined with the CHD vs FCC case, and the two organizations worked together to gather evidence and file joint briefs. It was agreed that Scott McCullough, lead counsel on the CHD vs FCC case, would present the joint oral arguments to the FCC. Here is the Environmental Health Trust web page announcing the win against the FCC.

Children’s Health Defense (CHD) vs the Federal Communications Commission (FCC) re: OTARD Ruling

Bad News: The FCC Won the OTARD Case

On Friday, February 11, 2022, the US Court of Appeals for the DC Circuit ruled against Children’s Health Defense in the OTARD case. 

The case challenges the FCC’s “Over the Air Reception Devices” (OTARD) rule amendment that allows the installation of base station antennas on homes without application, permit, or notice, and while preempting all state and local regulations.

Click here for analysis and comment by Dafna Tachover, one of the attorneys on the case.

Healthy Heavens Trust Initiative

Halting the Assault by 100,000+ Satellites

Humankind stands at a precipice from which there will be no return: A Great 21^st Century Space Rush is now underway by commercial enterprises and the military, fomented and enabled in the U.S. by the FCC and other U.S. government agencies to grab, deploy, transform, and own the Heavens for private gain, defense, and weaponization. Over the next 10 years 50,000+ non-stationary low orbit satellites will be launched and seamlessly integrated in terrestrial 4G/5G/6G+ industrial and military networks (“Space Fence”). Scores of new satellites are being launched every week from the U.S. and other countries. 

Since the beginnings of our time on earth we have revered the skies. The Heavens are the spiritual wellspring of many cultures. This accelerating human-caused catastrophe will substantially compound the existing biological and environmental harms of 4G/5G/6G non-ionizing electromagnetic (RF and embedded ELF (extremely low frequencies)), enable remote manipulation of biological systems, further erode personal privacy, expand government surveillance, present new risks of satellite collisions, interfere with meteorological prediction and astronomical research, litter the skies with satellite debris, and endanger national and global security.

The Heavens must belong to no one. Quite the opposite, numerous international treaties, conventions, and other legally enforceable commitments affirm they are held in Public Trust for all of humanity and the living world. Nations and people everywhere are the fiduciaries of this Public Trust. They possess the legal means and the power to ensure that the exploration of this new frontier, the Heavens, if it must proceed, is approached with humility and wisdom.

• Mission
  • To preserve and protect the Public Trust in the Heavens for all of humanity and other living creatures, as recognized by legally enforceable international treaties and conventions, safeguarded from pollution, despoliation, accidents, interference, manipulation, and reckless commercialization. 
  • To deploy well-crafted transnational litigation coupled with effective advocacy and public education, initially targeting the FCC in the U.S., then followed by coordinated legal and actions targeting other agencies in the US and other countries to accomplish this goal. 
• Unique Legal Precedent: To establish a collaborative transnational legal regime to combat and to redress governmental and commercial unbridled overreach associated with global exploitative activities harmful to the shared interest of millions of people around the world.
• Veteran Legal Team: Julian Gresser, Jim Turner, Scott McCollough, Raymond Broomhall

Thanks to generous benefactors, $50,000 has been pledged as a matching grant to support the FCC Petition for Expedited Rulemaking. If you wish to have your donation doubled to support this important endeavor to bring BALANCE to the 5G Juggernaut, please click here to donate directly to help fund this lawsuit. Thank you.

For more information, see the Healthy Heavens Trust Initiative and the BroadBand International Legal Action Network.

The Irregulators vs the FCC

On April 15th, 2019, the IRREGULATORS filed to appeal an FCC decision and expose one of the largest accounting scandals in American history. Twenty Years ago the FCC changed their accounting formulas, and with a single stroke, allowed Telecom companies to manipulate their financial reports to always make the wired utility networks appear unprofitable and the wireless networks appear profitable.

This allowed the Telecom companies to declare business losses on tax returns for the wired side of their businesses, and also caused states to subsidize wired utility networks to a much greater extent than would have otherwise been granted, and have the state utility customers fund all of the companies’ other services, from the fiber optics for FiOS, or U-verse, to the Wireless networks, to Business Data Services. This effectively created “cross-subsidies” in which funds that should have gone towards building out the fiber-optic wired networks were instead spent on building out the wireless networks. And in 2018, the FCC decided to continue these rules for 6 more years.

Over the last 2 decades, AT&T and Verizon and CenturyLink, with the help of the FCC, were able to manipulate the FCC accounting formulas to make the entire wired networks appear unprofitable.  This not only lets them inflate prices and claim it is too expensive to build out the wired networks, but there’s a secret — this was all done as a bait-and-switch to charge local phone customers to build the wireless networks and then force customers onto 5G wireless — because it makes the Telecoms more money.

This is probably one of the most bizarre cases you ever heard of. Unbelievably, the FCC ‘froze’ the cost accounting rules that divide up the expenses of the different lines of business that use the AT&T, Verizon and CenturyLink state-based telecommunications infrastructure — the state-based utilities — to reflect the year 2000…20 years ago.

This action was designed to put the majority of all expenses into the basic POTS (landline) service, and it made the entire wired telecommunications networks in America appear to be unprofitable. This has cost landline customers billions per year in additional fees and rate increases. It was used to claim that rural areas were unprofitable, so the companies could get out of obligations to upgrade to fiber optics, and now, after the takeover of the FCC, the plan is to “shut off the copper”, and force-march customers onto wireless — because it make the Telecoms more money — and the construction budgets are paid by local phone customers.

And in December, 2018, the FCC decided to extend the Freeze another 6 years, until 2024, with no audits, investigations, or even an acknowledgement that there are still state utilities or that these deformed accounting rules are still in use.

Unfortunately, almost no one knows that there are still state utilities left, or that these are no longer the copper wired networks but due to the FREEZE, Verizon et al. were able to have their other lines of business — Verizon’s fiber-to-the-home, FiOS, or even Verizon Wireless or Business Data Services, all use the construction budgets of the state utility, and got the rights-of-way.

5G Wireless and the other wireless services will all be “cross-subsidized” and charged to landline customers.

Empowering Local Communities Initiative

Mission:  To empower local communities to design immediate and effective SAFE G solutions that implement optical fiber wired to the home and office. Local taxpayers and ratepayers are entitled to this alternative to wireless, because they have already paid for it. Please see: Irregulators v. FCC. See also the Safe G website.

The 5G/AI/Internet of Things Juggernaut presents an imminent threat. The harms to our communities’ physical and mental health, the local environment, violations of citizen’s rights to due process, property, and personal privacy are foreseeable and preventable. The threat is especially dangerous to our children, elderly people, those with special sensitivities, disabled persons with chronic illnesses, caregivers, and our economically disadvantaged and minority communities that have no escape in their homes or workplaces.

Remedy: Community Empowerment: An effective remedy begins with widespread education and training in a proven system of wise leadership, community organization, team building, and negotiation. The key is to share negotiation successes, and practical experience, and best practices, so these lessons can be immediately deployed within the network. Equally essential is to fortify community-wide resilience rapidly and effectively.