CHD Brief on OTARD Case Filed


June 27, 2021

On Wednesday, June 23, Children’s Health Defense (CHD) filed the main summary of their case against the FCC’s “Over-the-Air Reception Devices (OTARD) Rule Change. The case itself was filed on Feb. 2, 2021, in the U.S. Court of Appeals for the DC Circuit.

On Wednesday, June 30, at 11:30 am PT / 2: 30 pm ET, CHD will hold a Question and Answer information session to discuss submission in brief.

Attorneys Dafna Tachover, CHD Director of 5G and its Wireless Harms Project, will speak briefly with Scott McCollough, CHD’s lead attorney for this case.

Mr. McCollough is an experienced telecommunication and administrative law attorney. He also represented CHD in its case against the FCC for its decision not to review its health guidelines. In January 2021, he argued for CHD and all petitioners before the U.S. Court of Appeals for the DC Circuit. The case is awaiting a court decision.

In the session, they will explain the approach taken by CHD with brief and varied arguments developed. The purpose of the session was to clarify the brief for the non -lawyers who were with us. We recommend that people read the brief before the webinar. We will also dedicate 30 minutes for a live Question and Answer session.

On the same day, an Amicus Brief is expected to be filed in the OTARD case. The Amicus Brief will be filed for several U.S. organizations working across the country to promote safer technology.

Attorneys Petra Brokken from Minnesota for Safe Tech, who is promoting the effort, and Stephen Díaz Gavin, who will submit the brief for the organizations, will also join us to discuss the Amicus Brief.

Stephen Díaz Gavin is an associate of the law firm of Rimon, PC, working in the Washington, DC office of the firm. He is also a member of Rimon’s European practice team. He was involved in numerous rule -making processes before the FCC’s nearly 40 years of practice. Stephen participated in the review of several FCC decisions before the U.S. Courts of Appeals. In 2019, he argued for several Native American tribes, along with his clients the Crow Creek Tribe of South Dakota and the Omaha Tribe, in successfully challenging the FCC’s “small wireless cell” mandate in United Keetoowah Band of Cherokee Indians against FCC (The NRDC is also a petitioner in this case).

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