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EMR Network v. Federal Communications Comm'n

ELR Citation: 34 ELR 20148
Nos. No. 03-1336, (D.C. Cir., 12/07/2004)

The D.C. Circuit upheld the Federal Communication Commission's (FCC's) refusal to undertake rulemaking tightening the restrictions governing the nonthermal effects of radiofrequency radiation. The FCC's decision not to initiate an inquiry neither violated the National Environmental Policy Act (NEPA) nor was otherwise an abuse of discretion. The FCC's reliance on other government agencies and nongovernmental expert organizations with specific expertise on the health effects of radiofrequency radiation is not an improper delegation of its NEPA duties. And studies on the nonthermal effects of radiofrequency radiation are merely tentative and support the FCC's position of "watchful waiting."