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EMR NETWORK v. FEDERAL COMMUNICATIONS COM'N

No. 03-1336.

391 F.3d 269 (2004)

EMR NETWORK, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents

United States Court of Appeals, District of Columbia Circuit.

Decided December 7, 2004.

Rehearing Denied February 11, 2005.

Attorney(s) appearing for the Case

Whitney North Seymour, Jr. argued the cause for petitioner. With him on the brief was James R. Hobson.

Nandan M. Joshi, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were R. Hewitt Pate, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Andrea Limmer, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, Daniel M. Armstrong, Associate General Counsel, and Joel Marcus, Counsel.

Before: EDWARDS and GARLAND, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Rehearing En Banc Denied February 11, 2005.

STEPHEN F. WILLIAMS, Senior Circuit Judge.

A variety of facilities and products subject to Federal Communications Commission regulation, including towers and other facilities for radio, TV, and cell phone communications, and cell phones themselves, transmit radio signals — and with them radiofrequency ("RF") radiation. At certain levels RF radiation may have adverse "thermal" health effects, caused by heating...

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