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EHT Seeks Lawyer Fees on RF Challenge v. FCC

The Environmental Health Trust (EHT) asked the U.S. Court of Appeals for the D.C. Circuit for $174,347.25 in lawyers fees for the cost of its RF safety lawsuit against the FCC, under the Equal Access to Justice Act (EAJA). The…

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court remanded 2019 RF rules to the FCC for further work (see 2108130073). “EHT Petitioners have satisfied all requirements for an award of attorneys’ fees under EAJA,” said a Friday filing in docket 20-1025. While giving the FCC an “extreme level of deference, the Court still found that the FCC had failed to meet the bare minimum requirements of the [Administrative Procedure Act] -- namely that the FCC failed to consider ‘relevant factors’ or to adequately set forth its decision-making process,” the group said.