CST News Feed

Legal Actions


Here you will find a growing number of legal proceedings currently filed, dealing with EMF and RF issues.

LEGAL ACTIONS: INTRODUCTION to TOPIC



Sep 15
2014

PRESS RELEASE - STOP SMART METERS MASSACHUSETTS

National Grid cut off electricity for non-payment, resulting in death of 6-year-old girl

FOR IMMEDIATE RELEASE: Stop Smart Meters Massachusetts

 
Contact: Patricia Burke 508-376-5360  

The death of a 6 year-old girl in a NY home where National Grid cut off electricity for non-payment has amplified human rights and environmental activist group Stop Smart Meters Massachusetts' request for an investigation into the expense to ratepayers of the Department of Public Utilities smart meter mandate. The group has also called for an audit of the controversial $48M, 15,000 meter Worcester pilot program, which is 5 times larger and far more expensive than the Green Communities Act mandate.

Carbon monoxide poisoning is suspected in the NY death due to the use of an indoor propane heater. The Chicago area Advanced Metering Infrastructure Health Impact Assessment, conducted in partnership between the National Center for Medical Legal Partnership at Boston Medical Center , and Citizens Utility Board noted that customers deprived of electricity often turn to unsafe alternatives, endangering health and safety. Wireless smart meters enable two-way communication between the utility and the home. 111 municipalities in Quebec have called for a moratorium and/or free opt out. Germany has rejected smart meter deployment. In the UK, the Committee of Public Accounts issued a report Sept. 9 casting doubt over the validity of the smart meter rollout, raising concerns over the cost-benefit to consumers and the ability of the energy market to keep costs down. Nations including Italy, the site of the Vatican leukemia lawsuit, opted for safer, faster; more secure hard-wired technology. Italy is not collecting private usage data from customers. Lakeland, Florida; Saskatchewan, Canada; Pennsylvania, and Oregon have removed thousands of smart meters due to fire hazards.

The Worcester pilot program, which included 242 microwave antennas, has been delayed due to contentious zoning battles regarding placement of towers in residential neighborhoods. Despite the fact that the pilot program has not proven smart meter effectiveness, the DPU has already mandated the technology for MA investor-owned utilities, estimated at a cost of over $7B to ratepayers.

Tim Knauss of Syracuse.com reported that in NY, "For the past decade, in good times and bad, National Grid has reported more than 200,000 customers a month - roughly one in seven - who are at least two months behind on their bills. Each year since 2006, National Grid has terminated between 49,000 and 61,000 residential accounts for nonpayment in its Upstate territory, which extends from Albany to Buffalo. For some customers, there is "a permanent level of unaffordability built into the rates,'' said William Yates, a senior financial analyst at Public Utility Law Project.

Larry Rulison of the Times-Union reported, " National Grid is forecasting that by the year 2029, the average residential electric bill, including electricity, delivery charges and taxes and fees, in upstate New York will rise from $89.62 a month to $132.38 -- an increase of 47 percent. And while the increase includes the expected rise in National Grid's operating costs, much of it is going to come from the rise in wholesale electricity costs over that period. Wholesale power prices could nearly double over the next 15 years, National Grid believes, growing from roughly 6 cents per kilowatt hour to nearly 11 cents." Central Maine Power requested an 8% rate hike increase instead of promised savings after statewide smart meter deployment.

Informed activists caution that the costly technology is untested, has not been monitored for environmental and health impacts, and relies on FCC guidelines that have not been reviewed since 1996. Concerns are mounting that consumers will be forced to pay for the technology twice, once for the initial installation, and then for the replacement cost once the shortcomings of the system are readily apparent.

The Department of Public Utilities relied on the testimony of tobacco scientist Peter Valberg from the product defense firm Gradient, while reports such as the Seletun Scientific Statement recognize biological harm occurring at radio frequency exposure levels far below US exposure guidelines, which have never been tested for children, pregnant women, the infirm, medically vulnerable, or elderly.

The Berkshire-Litchfield Environmental Council, which provided testimony in opposition to smart meters for MA DPU docket 12-76 stated, "The smart grid is increasingly understood as an over engineered, ill-advised, financial boondoggle at taxpayer expense, capable of endangering the security of the entire national grid, violating constitutional privacy protections and endangering public health. In addition, the smart grid/metering has not been found to save energy when all the new variables in the system are factored in. Plus, time-of-use pricing is largely punitive to those who can least afford it. Time-of-use pricing is fundamentally a Wall Street model designed to maintain shareholder profits as we transition to more energy efficient models that will reduce demand."

Investigate Worcester MA Smart Meter Pilot Program


Please sign this petition on behalf of Worcester residents:

The Worcester National Grid Smart Meter Pilot program exposes the community to unprecedented risks in violation of local democracy.

Will you sign this petition to Attorney General Martha Coakley?




Sep 15
2014

Legal & Public Health Problems of the Wireless Age

Public Citizen Consumer Law and Policy Blog - Guest Post by Deborah Kopald

FULL ARTICLE

" The use of Wi-Fi and other wireless technologies has created problems. "An Open Letter to Phillips Exeter Academy about Wi-Fi", which I wrote to my alma mater, details the public health problem Wi-Fi has created and some legal ramifications of its use.

"Some people who lived too close to TV broadcast and radar towers developed symptoms of Microwave Sickness, a condition observed in military and industrial occupational settings during the Cold War. The next wave of microwave-emitting infrastructure, cell towers, lived up to the billing of their military and industry-owned cousins with subsequent studies (none were commissioned in the United States) showing elevated numbers of people within 1,500 feet experiencing symptoms of Microwave Sickness. . . 

" . . . The current proposal by the New York City Department of Information Technology and Telecommunications (DOITT) to turn 7,500 payphones in New York City and 2,500 additional locations into high-powered wireless hotspots would cause the city to engage in systemic violations of its own code. The New York City Human Rights Law offers reasonable accommodation to persons with many medical conditions including pregnant women (as of January, 2014). The American Academy of Environmental Medicine (AAEM) issued recommendations in 2012 stating that people with most medical conditions would benefit from avoiding electromagnetic and radiofrequency radiation exposure, and epidemiologist Devra Davis stated that pregnant women should avoid proximity to wireless routers at a press conference in New York City in June, 2014. Today, pregnant women and people with many medical conditions can assert reasonable accommodation by getting routers turned off indoors; once the hotspots, which are much higher powered than a router, are rolled out, the sidewalks will become inaccessible to some; others will not be able to follow doctors' orders if they must go to the city of New York and simply walk on a street."

[Deborah Kopald (BA, Harvard; MBA, MIT Sloan School of Management) is an environmental health and public policy consultant and author who has developed and overseen the passage of legislative initiatives and has served as a guest expert at various media outlets. In 2013, she organized and moderated The Conference on Corporate Interference with Science and Health in New York City. The conference proceedings were published in Reviews on Environmental Health.]




Aug 21
2014

Court Raises Bar for Least-Intrusive Means Test

Court Rules in Favor of Public Hearings - Telecom tower industry newsletter article

  • Court Case Illuminates Problems of Time-limited Permits
  • Court Rules in Favor of Public Hearings 
"American Tower V. City of San Diego also addresses the issue of whether or not a public hearing should be required under California state law for a change to an existing antenna structure. Wireless advocates hold that legislative language in Section 6409(a) that "a State or local government may not deny, and shall approve, any eligible facilities request" precludes the need for a public hearing.

"The court states that the automatic approval of American Tower's applications without a hearing would deprive landowners of their property rights and would violate due process.

"[American Tower] claims that the automatic approval of its conditional users permit applications would not constitute a substantial or significant deprivation ... because the facilities are already in existence, their continued presence cannot possibly deprive adjacent landowners of any property rights," the court wrote. "This argument ignores [American Tower's] obligation to return the sites to their original condition now that the original conditional-use permits have expired by their terms.

"Dozens of antennas perched on hundreds of feet of towers alongside hundreds of square feet of equipment shelters may not seem like a cognizable impact to [American Tower], but we believe most landowners would beg to differ," the court added.




Aug 12
2014

Amended Notice of Civil Claim - August 12, 2014

Between Nomi Davis and BC Hydro

IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN: NOMI DAVIS, AS REPRESENTATIVE PLAINTIFF - PLAINTIFF
AND:
BRITISH COLUMBIA HYDRO AND POWER AUTHORITY - DEFENDANT

AMENDED NOTICE OF CIVIL CLAIM . . .


Part 1: Statement of Facts

A. Parties

B.The impugned conduct

C. Contract

    i. Residential Contract
    ii. Commercial Contract
    ii. Microwave Device isnot necessary


D. The refusal (Residential)

D.2 The refusal (Commercial)

D.3 The Direct Communication

    i. BC Hydro Communication
    ii. Overlapping Issues
    iii. Information withheld
    iv. No notice to the plaintiff


E. The Residential Class

E.1 The Commercial Class

Part 2: RELIEF SOUGHT

Part 3: LEGAL BASIS

A. Rights and Freedoms

    i. Residential
    ii. Commercial


B. Causes of Action

C. Contract

D. Legislation

Appendix

    Part 1: CONCISE SUMMARY OF NATURE OF CLAIM

    PART 2: THIS CLAIM ARISES FROM TE FOLLOWING:

    PART 3: THIS CLAIM INVOLVES

    PART 4: 
    Hydro and Power Authority Act
    Canadian Charter of Rights and Freedoms
    Clean Energy Act

PARTICIPATION FORM to JOIN CLASS ACTION









Aug 8
2014

The brain tumor cases awaiting a Washington DC judge's ruling are now cleared to proceed to trial as the judge deemed the science strong enough to merit going to trial. This is a monumental decision.

"A Washington D.C. superior court ruled that five scientific expert witnesses can testify for consumers suffering from brain tumors allegedly caused or promoted by cell phone use . . .

"Judge Frederick H. Weisberg who is presiding over 13 consolidated lawsuits against the telecom industry ruled that experts met the Dyas/Frye legal standards and can offer testimony related to injury causation and health effects. The court held evidentiary hearings in December 2013 and January 2014 and reviewed hundreds of exhibits.

"Judge Weisberg noted that while the court did not decide the issue of whether cell phones cause brain tumors new scientific studies and information have emerged recently. His order referred to a May 2014 French case-control epidemiological study that found support for "a possible association between heavy mobile phone use" and brain tumors.

"Each of the plaintiffs in the litigation suffers from a brain tumor or is suing for a family of someone who died of brain cancer. . .




Apr 30
2014



Mass Tort Filed Against Utilities For Health Effects From Smart Meters/Smart Grid

"This is an announcement of legal actions against harm from wireless radiation from household and commercial digital electric meters.

"More and more people are discovering that otherwise unexplained health problems can be correlated and attributed to electromagnetic exposures from wireless devices, especially the new generation of "Smart Grid" digital electric meters.

"The recent and ongoing worldwide deployment of digital electric meters on homes has caused a major increase in symptoms, illnesses and injuries to health. The massive scale of these problems is just starting to be recognized.

"Those industries, businesses and individuals who profit from wireless technologies, such as your power company, are suppressing information about the hazards of wireless technologies. They are attacking proponents of responsible wireless management and they are knowingly exposing the public to harm and damage hoping that the general public and the media will refuse to believe the obvious and proven connection between electromagnetic radiation and biological damage.

"Because of the wireless industry's irresponsibility and wrongdoing, unfortunately, legal actions have become necessary. There are many illnesses and injuries caused by digital electric metering. Liz Barris, a lawsuit organizer, announces in this video how to recognize the symptoms of EMR exposure and how to contact competent legal assistance to join existing and upcoming legal actions to protect you and your family's health, safety, privacy, rights and property. . . .




Apr 24
2014

Israel: High court Wi-Fi lawsuit

National Parents Leadership vs. the Ministry of Education

"The high court ordered this morning to the State, to explain why they won't act to deploy wired networks in all schools in the country and stop using Wi-Fi networks in the frame of the computerized curriculum . . .

"The basis of the lawsuit was the argument that the Ministry of Education adopted for the outside impression expert opinions who determined that WiFi radiation endangers especially the health of children, who are especially sensitive to radiation. The Ministry of Education wrote in different documents filed to the court, about how they see themselves committed to children's health and therefore they must act according to the precautionary principle and to deploy wired networks in schools. But words and actions are two different things. In practice, the Ministry of Education pushed massively thousands of wireless networks into schools all over the country, while exposing the children to risk in contrast to the presentation to the outside. . . .




Apr 12
2014

Nova Scotia couple suing Bell Aliant re cell tower damage

Edna & Marshall Pettipas would appreciate your help - She is fighting for us all

" . . . Edna's success could have important favourable repercussions in the public interest. It is an opportunity that should be grasped. The other side with their incomparable financial resources is likely to bring witnesses, from medical and physics perspectives, who will try to negate that harm and loss could befall Edna due to cell tower radiation. To meet this challenge, more witnesses are needed for Edna's side, in the public interest. 

"Edna's lawyer has shown bravery in taking the case on contingency, i.e. he does not get paid unless he wins. That means, however, that fundraising is necessary to enable bringing international experts to testify at the trial. These witnesses' names need to be submitted to the court in a few months time, well in advance of the trial. So there is pressure to meet a deadline.

"This is an appeal for donations to enable such witnesses to attend. All donations will be used strictly towards bringing witnesses for Edna's case. Please donate now directly to Edna's Legal Fund

BACKGROUND DECEMBER 2011




Apr 1
2014

A group in Italy is suing the Italian Health officials for not educating the Italian public about the steps they can talk to make using a cell phone safer.

"Turin, March 20 - An association has taken legal action against the Italian health ministry for not doing enough to inform the public about the health risks of using mobile phones, it emerged Thursday. The Association for the Prevention and Fight Against Electrosmog filed a petition with the Lazio administrative tribunal on the basis of International Agency for Research on Cancer (IARC) findings that 1,640 hours of cell phone use - the average over a 10-year period - increases the risk of developing brain cancer by 40%.

"The aim of the legal action is not to demonise cellphones, but rather to promote their correct use by forcing the ministry to launch a serious information campaign, lawyers acting for the association explained. The move is supported by Innocente Marcolini, a former company manager, who in 2012 won a Supreme Court battle to receive workers' compensation after developing a brain tumour due to prolonged cell phone use over a number of years. It was the first time that a high court in any country had ruled in favor of a link between mobile phone radiation and cancer.

"Many people are not aware of the risk they run by talking on their cellphone without an earpiece or keeping it in their trouser pocket," said Marcolini."




Mar 14
2014

MOSCOW, March 11. /ITAR-TASS/.

"A resident of the Moscow Region, Nikolai Lesnikov, has won a lawsuit he had filed a while ago demanding the removal of the cell phone tower that had been put up just 20 meters away from his home. Ever more Russians these days come to understand the risks the electromagnetic pollution of the environment is fraught with. However, no national program for studying and preventing this danger exists yet.

"Lesnikov took the mobile phone operator MTS to court late last year. He argued that the company had abused his constitutional right to a favorable environment. In his complaint, he asked the court to oblige the defendants to remove the tower, located just 20 meters away from his country home. . . .




Loading content ...
Show More Content

One time donation: Click the donate button below and follow the instructions on the screen.

Monthly donation: If you wish to contribute every month, please select the amount from the Donation Options list below and click Subscribe. Your contribution will be sent for you every month for the amount you selected.

Donation Options

Citizens for Safe Technology (CST) is funded and supported solely by those who wish to help us. Thank-you for learning, sharing and helping if you can.


Meetings and events on the issue of wireless technologies in homes and communities throughout North America.


Click the button above to sign our online petition to return to hardwired computers in schools.



Click the button above to sign our online petition against Smart Meters in British Columbia.

Smart Meter Petition (Hard Copy)

Download and print this petition form -- Refuse Smart Meter Installation.

Send completed petitions 15 signatures per page to:
Una St. Clair

fax:
1-866-824-8865

e-mail: una@citizensforsafetechnology.org