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Adapted from an Apr 1, 2020 article | Original We are the Evidence article here

Under federal law, when lawsuits are submitted in different Federal Courts of Appeal against the same government agency’s decision, the cases are generally consolidated and transferred to one of the Courts. The venue is typically determined by a multi-jurisdictional panel via a lottery process. For the two lawsuits opposing FCC Order 19-126, the Environmental Health Trust filed their suit on Fri Jan 31, 2020 in the Federal DC Circuit Court of Appeals, while the Children’s Health Defense Fund filed their suit on Feb 2, 2020 in the Federal Ninth Circuit Court of Appeals.

The FCC, apparently, devised a nefarious plan that would allow it to control timing and venue and even perhaps block judicial review, altogether. It purposefully delayed publication to prevent the lottery and push venue to the court it prefers – the DC Circuit – and potentially even obtain dismissal or a long delay until it finally got around to publishing notice. The FCC’s efforts to get the case out of the Ninth Circuit and before the DC Circuit strongly indicates FCC thinks it will do better there and would have a harder time defending the decision before the Ninth circuit.

On 2/12/2020 the FCC submitted a Motion to Transfer, asking the Ninth Circuit to transfer CHD’s case to the DC Circuit claiming that because EHT’s submitted the case two days before CHD, EHT has won a “race to the courthouse” and the cases should be heard in the DC Circuit Court. EHT submitted an Amicus Brief in support of the FCC motion to transfer our case to the DC circuit based on the same argument. CHD replied that the “race” never started because the “starting gun” (Federal Register publication) had never sounded, and, indeed, there was not supposed to be a race at all.

Scott McCollough, the attorney who leads CHD’s case together with Robert F. Kennedy Jr., saw through the FCC’s effort to game the rules, and quickly responded. CHD submitted a “Motion for Affirmative Relief and an Opposition to Motion to Transfer” on 2/18/20. CHD’s motion claimed the FCC was purposely withholding publication in the Federal Register. It further explained that under the courts’ procedural rules and statutes once Federal Register publication happens, petitioners have a 10 day window to invoke the lottery process. This means that where the cases should be heard should not be based on a “race to the courthouse.” The Motion states:

“The Motion to Transfer is the FCC’s opening move in a game of “gotcha.” If the FCC prevails on its motion the Commission will promptly reverse course, abandon its apparent contention before this Court that the “Order” is presently reviewable, and tell the D.C. Circuit that since there has been no Federal Register publication both cases are “premature” and must be dismissed. If the D.C. Circuit agrees the FCC will succeed in completely immunizing the “Order” from any review whatsoever until the FCC gets around to publishing notice, if it ever does so.”

The FCC obviously realized its gambit would not work, so it finally stopped trying to delay and went forward with publication. CHD’s efforts won the day. We forced the FCC to publish in the Register; prevented the FCC from being able to dismiss the cases claiming they are premature; and ensured that the proper process to set venue is used: a Multi-Jurisdictional panel lottery process (rather than the FCC) should now decide which court will hear CHD’s & EHT’s cases. The 4/1/20 publication means the two review petitions will soon be able to move forward to consideration on the merits.

By Rebecca Beitsch – Mar 31, 2020 | Original The Hill article here.

Several House Democrats had harsh words for the Environmental Protection Agency (EPA) following an announcement it would suspend enforcement actions against companies who don’t monitor for pollution during the coronavirus outbreak.

Guidance released by the agency last week informed companies they would not face fines or other enforcement actions from the agency for failing to monitor and report their pollution.

Companies are expected to “comply with regulatory requirements, where reasonably practicable, and to return to compliance as quickly as possible,” the agency wrote in a release announcing the change, which is temporary, but has no set end date.

“This suspension of enforcement during the ongoing COVID-19 health crisis is irresponsible and neglects the Agency’s core mission to protect public health,” lawmakers in the House Sustainable Energy and Environment Coalition (SEEC) wrote in a letter spearheaded by Rep. Mike Quigley (D-Ill.).

Environmentalists have raised concerns that without monitoring, companies may emit a number of air and water pollutants with little consequence. Lawmakers pointed to air pollution emitted by the oil industry in particular, one of many industries that asked for a suspension of some environmental regulations during the pandemic.

Lawmakers wrote:

“The health impacts of these pollutants are well-established, and exposure is particularly dangerous for those with respiratory conditions. We are currently facing a severe respiratory pandemic, taking lives and hospitalizing thousands — at this moment, communities need more protections from toxic pollution, not less. Waiving environmental enforcement will only add to the severity of the COVID-19 crisis,”

Continue reading “House Democrats Blast EPA as Agency Suspends Monitoring”

By Nicole Hao Mar 29, 2020 | Original Epoch Times article here.

Note: The Epoch Times refers to the novel coronavirus, which causes the disease COVID-19, as the CCP virus because the Chinese Communist Party’s coverup and mismanagement allowed the virus to spread throughout China and create a global pandemic.

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Information provided by residents at the epicenter of the CCP virus in Wuhan, China, indicates that the real death toll there could be over 32,000, which is 12.7 times the official figure.

The Hubei provincial health commission announced on March 23 that in the whole of Wuhan, 2,524 people had died of the CCP (Chinese Communist Party) virus, commonly known as novel coronavirus. Wuhan is the capital of Hubei. Medical specialists’ reports in the Lancet and other magazines revealed that Chinese authorities have been lying about the virus outbreak since day one. The real situation in Wuhan and the whole of China has been covered up.

Recently, as the families of those who died of the virus were permitted to collect their relatives’ cremated remains from seven government-run funeral homes with crematoriums, a clearer idea of the true death toll began to emerge.

Wuhan Residents

Wuhan taxi driver Mr. Yin recently went to a local funeral home to retrieve his mother’s ashes.

His mother died on Feb. 1. He said his mother got a CT scan the day before she died. Doctors from three hospitals said that her lungs were infected severely with the CCP virus. However, the hospital wrote that she died of respiratory failure on her death certificate. Yin told the Chinese-language Epoch Times on March 28 that his mother’s body was sent to the funeral home from the hospital and cremated directly. He did not have a chance to see her one last time.

Continue reading “Real Virus Death Toll in Wuhan Could Be 12 Times Official Figure”

by Derrick Broze & Josh del Sol, Mar 28, 2020 | Original TBYP article here.

While much of the world has been focused on surviving a "pandemic", social distancing and quarantines, the proponents of mass surveillance and Densified 4G and 5G Wireless Telecommunications Facilities (WTFs) have been scoring major gains. During this chaotic time it’s extremely important to take note of the advancements of legislation and political maneuvers which threaten our liberty and privacy.

On March 23, the 5G rollout progressed even further in the USA with President Donald Trump signing S.893, a bill aimed at “securing America’s 5G infrastructure.” The act, titled the Secure 5G and Beyond Act, calls for a comprehensive plan to securitize a national 5G grid in “not later than 180 days.”

President Trump signed another bill, S.1822, this week, the Broadband Deployment Accuracy and Technological Availability (DATA) Act. Read more about these two bills here.

Continue reading “How Surveillance and 5G Are Being Fast-Tracked Under the Pretext of Fighting Coronavirus”

Children’s Health Defense, Moms Across America, 5G Free California should do more careful fact-checking before misquoting Gov. Newsom.

This change.org petition
gets it right.

We can see fiber optic installations occurring around Northern CA schools this week, but (not yet, at least) installation of Wireless Telecommunications Facilities (WTFs) during the Covid-19 shutdown. Our schools — and the rest of us — can benefit from this new Fiber Optic goodness, but we have no need or desire to spray any of this broadband data through the air.

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Mar 23, 2020 Children’s Health Defense Instagram Post:

March 19th, Governor @gavinnewsom announced plans to use the quarantine to expand the deployment of wireless infrastructure in schools. This proposal opens the door for Big Telecom to deploy its deadly 5G infrastructure in all our public schools while we are all distracted by COVID-19.

Not exactly. As you can read in Newsom’s letter to Congress on Mar 19, 2020, Gov. Newsom calls for more broadband investment, but not solely for wireless:

"I am requesting additional funding in the following critical areas:

• Funding for a major expansion of technology investments in our schools using the ESEA Title II-D Enhancing Education Technology authorization, which provides for both formula grants and competitive grants. The program is currently authorized at $1B but should be increased significantly.

• Increased funding for Title I schools to address the high concentrations of poverty in these schools and the increased challenge of implementing on-line programs when many households lack broadband and other devices needed for on-line learning.

• Increased funding for broadband upgrades to schools.

• Increased funding for the Higher Education Act Teacher Quality Partnership Grants to prepare teachers for digital age learners.

• Additional funding for USDA’s Child Nutrition Programs to address the modified programs schools are running during school closures."

Mar 23, 2020 Instagram post (continued):

Children’s Health Defense is launching a campaign together with Moms Across America and 5G Free California to ask Governor @gavinnewsom to reconsider this reckless project & protect our children’s health. As San Francisco Mayor,Gavin fought hand to hand combat against Telecom lobbyists and lawyers to pass and defend his ordinance requiring warnings on cell phones. He accused Telecom of using fraudulent Tobacco science and underhanded tactics to conceal the lethal perils of wireless radiation. Since then, the evidence of harm has become even more dispositive.

A 2019 Federal NTP study found “Clear Evidence” that cell radiation causes cancer and breaks DNA. In 2018 the CA Dept of Public Health published guidelines admitting that peer reviewed scientific studies links cell tower radiation to DNA damage, reproductive harms, cancer,learning disabilities & a long menu of other other grim injuries.

In 2014 the CA Medical Association passed a resolution calling on the FCC to update its health guidelines to reflect overwhelming evidence if profound harms. Every day families contact us with heartbreaking stories of children sickened by radiation from “small cells “in schools and near homes.

The Children’s Health Defense Lawsuit against the FCC includes Petitioners who are parents of CA children debilitated by cell towers in schools. Los Angeles teachers suffered disabling illnesses when LAUSD updated its WiFi systems. TODAY, WRITE Governor Newsom at stateinformation@state.ca.gov Tell Newsom: Please Do Not Deploy 5G / Wireless Installations in Our Schools During Quarantine and Thereafter!

PLEASE cc CHD on your email:

CA.Safe.Children@childrenshealthdefense.org

As days turn to weeks, we continue to work tirelessly to bring you the most relevant, up-to-date information about the COVID-19 outbreak and how it is affecting life in Petaluma. In today’s update, we share the latest news on mortgage payment deferrals, school closures, the farmers market, the unsheltered population, eviction protocols and more. Thank you for being part of our amazing community! *Wondering why you’re receiving this? Read about our new daily updates.

COVID-19 UPDATE

Information available in the mainstream media about the COVID-19 pandemic is abundant and, often, overwhelming. In an effort to provide an anchor in the storm of data swirling around us, we’d like to share a wonderful resource brought to us by the County of Sonoma: the Sonoma County Novel Coronavirus (COVID-19) Cases Dashboard.

Here you will find accurate, up-to-date information on COVID-19 with a focus on how it is impacting our local communities. Below are some data points we thought might be of interest to you today:

• Current cases in California: 3,247
• Current active cases in Sonoma County: 39
• People that have recovered in Sonoma County: 4
• Deaths in Sonoma County thus far: 1

Continue reading “City Update for March 26, 2020”

. . . citing fighting the dubious Coronavirus "Pandemic" as the reason

By Rebecca Beitsch, Mar 26, 2020 | Original The Hill article here

The Environmental Protection Agency (EPA) issued a sweeping suspension of its enforcement of environmental laws Thursday, telling companies they would not need to meet environmental standards during the coronavirus outbreak. The temporary policy, for which the EPA has set no end date, would allow any number of industries to skirt environmental laws, with the agency saying it will not “seek penalties for noncompliance with routine monitoring and reporting obligations.”

Cynthia Giles, who headed the EPA’s Office of Enforcement during the Obama administration, called it a moratorium on enforcing the nation’s environmental laws and an abdication of the agency’s duty.Giles wrote in a statement to The Hill.

“This EPA statement is essentially a nationwide waiver of environmental rules for the indefinite future. It tells companies across the country that they will not face enforcement even if they emit unlawful air and water pollution in violation of environmental laws, so long as they claim that those failures are in some way ’caused’ by the virus pandemic. And it allows them an out on monitoring too, so we may never know how bad the violating pollution was,”

The EPA has been under pressure from a number of industries, including the oil industry, to suspend enforcement of a number of environmental regulations due to the pandemic.

Continue reading “EPA Suspends Enforcement of Environmental Laws Indefinitely”

Urgent Reassessment, Diagnosis and Basic Principles of Infectiology Needed

By Dr. Sucharit Bhakdi, Mar 26, 2020 | Original Global Research article here.

An Open Letter from Dr. Sucharit Bhakdi, Professor Emeritus of Medical Microbiology at the Johannes Gutenberg University Mainz, to the German Chancellor Dr. Angela Merkel.

Professor Bhakdi calls for an urgent reassessment of the response to Covid-19 and asks the Chancellor five crucial questions. The let­ter is dated March 26. This is an unofficial translation; see the original letter in German as a PDF.

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Dear Chancellor,

As Emeritus of the Johannes-Gutenberg-University in Mainz and longtime director of the Institute for Medical Microbiology, I feel obliged to critically question the far-reaching restrictions on public life that we are currently taking on ourselves in order to reduce the spread of the COVID-19 virus.

It is expressly not my intention to play down the dangers of the virus or to spread a political message. However, I feel it is my duty to make a scientific contribution to putting the current data and facts into perspective – and, in addition, to ask questions that are in danger of being lost in the heated debate.

The reason for my concern lies above all in the truly unforeseeable socio-economic consequences of the drastic containment measures which are currently being applied in large parts of Europe and which are also already being practiced on a large scale in Germany.

My wish is to discuss critically — and with the necessary foresight — the advantages and disadvantages of restricting public life and the resulting long-term effects.

To this end, I am confronted with five questions which have not been answered sufficiently so far, but which are indispensable for a balanced analysis.

I would like to ask you to comment quickly and, at the same time, appeal to the Federal Government to develop strategies that effectively protect risk groups without restricting public life across the board and sow the seeds for an even more intensive polarization of society than is already taking place.

With the utmost respect,

Prof. em. Dr. med. Sucharit Bhakdi

Continue reading “Open Letter from Prof. Sucharit Bhakdi to German Chancellor Dr. Angela Merkel”

By Doug Dawson, Mar 26, 2020 | Original POTs and PANs article here

It’s time for state legislators to ignore the lobbyists of the giant telcos and cable companies and do what’s right for their constituents and communities.

Last year the New Hampshire legislature passed a bill, SB.170, that allows municipalities to bond for a broadband network as long as the town doesn’t have existing broadband speeds of at least 25/3 Mbps.

Several small towns in the state have taken advantage of the new legislation and have entered into a partnership with Consolidated Communications, the incumbent telephone company serving much of the state. Consolidated became the incumbent after acquiring Fairpoint in February 2017.

The latest announced partnership is for Dublin, NH, a town of a little more than 1,500 residents. In the announced partnership, Dublin will finance a $1.3 million bond to build fiber to every resident and business in the town. The bond passed by a vote of 223 to 5. The town will own the network and has partnered with Consolidated to operate the business.

On paper, Consolidated will make the bond payments, but in fact, the residents of the town will make the payments. Consolidated plans to add a surcharge to each broadband bill of $11.50 per month. I assume the surcharge will go away once the bonds have been retired. Residents are not required to subscribe to broadband and won’t pay the surcharge unless they are a broadband customer.

The partnership in Dublin follows a similar partnership last year in Chesterfield, a town of 3,600. Other New Hampshire towns are weighing similar partnerships – with Consolidated and with other ISPs.

These partnerships are unique in that the towns are trusting their network to the incumbent telecom provider. Granted, Consolidated is new to the state and is probably being viewed as a breath of fresh air. The company is also investing in fiber in larger communities in the state and announced it will build fiber to pass over 86,000 residents in the state. There was a lot of frustration with the previous incumbent Fairpoint, which seemed unwilling to build fiber or even to upgrade DSL to faster speeds. Consolidated is currently embarking on improving DSL speeds for 500,000 customers.

Continue reading “A New Broadband Partnership Model That Works”

By Simon ChandlerMar 23, 2020 | Original Forbes article here.

The coronavirus outbreak may result in a permanent reduction in privacy and civil liberties. Coronavirus has infected more than just individuals and their bodies. It’s also infected society, which is adapting drastically in order to reduce the number of lives the COVID-19 pandemic claims. Not only are governments adopting new economic and public health measures to fight the coronavirus and its impact, but they’re harnessing big data in ways that, while potentially saving lives, will also reduce our privacy and civil liberties.

From a technological perspective, the coronavirus pandemic is one massive testbed for surveillance capitalism. More specifically, it’s a testbed for new, much more large-scale forms of surveillance. Already, governments in Italy, Germany, Austria, China, South Korea and Taiwan have begun analysing smartphone data so as to determine to what extent populations are really locking themselves down at home. Meanwhile, governments in the UK and the US are very close to rolling out similar surveillance measures, all in the effort to ensure that policies of mass behaviour modification are successful.

Given the severe threat the coronavirus poses, such measures are arguably justifiable. When a government advises people to stay at home, it wants to know whether such advice is being heeded. If it learns that too many people are still roaming around outside, it may be necessary to move from informal guidelines to legal stipulations. And so on.

Essentially, big data on personal behaviour is an extremely effective way of determining the effects and consequences (or lack thereof) of policies. And because pandemics are likely to become more common in the future, the world’s governments may contend that it’s necessary to keep such surveillance procedures and infrastructure in place.

Continue reading “Coronavirus Could Infect Privacy And Civil Liberties Forever”