[*] PROFESSOR OF LAW, CUMBERLAND SCHOOL OF LAW OF SAMFORD UNIVERSITY; J.D., 1980, CUMBERLAND SCHOOL OF LAW OF SAMFORD UNIVERSITY. THE AUTHOR THANKS DR. DAVID A. CONNER, P.E., CHAIRMAN AND PROFESSOR OF THE ELECTRICAL AND COMPUTER ENGINEERING DEPARTMENT AT THE UNIVERSITY OF ALABAMA AT BIRMINGHAM, AND JAMES D. GORHAM, JR., ASSITANT TO THE VICE PRESIDENT AND EMF ISSUES MANAGER, ALABAMA POWER CO. Return to text.

[1] See Imre Gyuk, Office of Conservation & Renewable Energy, United States Dep't of Energy, An Overview and the Scientific Evidence to Date, Address at the Transmission & Distribution EMF Conference 3 (Mar. 1993) (illustrating the proportionality of energy per capita consumption to gross national product) (transcript on file with author). Return to text.

[2] See id. Return to text.

[3] See NATIONAL RESEARCH COUNCIL, POSSIBLE HEALTH EFFECTS OF EXPOSURE TO RESIDENTIAL ELECTRIC AND MAGNETIC FIELDS 13, 23 (1997) [hereinafter NRC REPORT]. The acronym, "EMF," has become a household word because of the publicity concerning the speculation that electric power lines and appliances may cause adverse health effects. Electric and magnetic fields are related; however, they are different in character. See infra Part III. Because the National Research Council Committee's report uses the term electromagnetic field (EMF) only when the electric and the magnetic fields are coupled (e.g., high-frequency fields), the terms "electromagnetic field" and "EMF" will not be used in a general way in the remainder of this article. Where these terms are used in the article, they will be used in connection with the popular or public perception. Return to text.

[4] See NATIONAL RESEARCH COUNCIL, supra note 3, at 44-54. Nancy Wertheimer and Edward Leeper are among the epidemiologists reporting an association between electric and magnetic fields and cancer. Return to text.

[5] See San Diego Gas & Elec. Co. v. Superior Ct., 920 P.2d 669 (Cal. 1996) (involving an amicus brief filed by fourteen scientists in which they argued that there is no scientific basis that electromagnetic fields harm human health). Return to text.

[6] See, e.g., PAUL BRODEUR, CURRENTS OF DEATH: POWER LINES, COMPUTER TERMINALS, AND THE ATTEMPT TO COVER UP THEIR THREAT TO YOUR HEALTH (1989) (noting that a staff writer at THE NEW YORKER magazine published in book form a three-part series of articles on cancer hazards associated with electric and magnetic fields). Return to text.

[7] See infra notes 21-51 and accompanying text. Return to text.

[8] See infra notes 52-77 and accompanying text. Return to text.

[9] See id. Return to text.

[10] See infra notes 78-85 and accompanying text. Return to text.

[11] The Energy Policy Act of 1992, Pub. L. No. 102-486, 102 Stat. 2776 (1992) (codified at 42 U.S.C. §13478 (1994)). Return to text.

[12] See 42 U.S.C. §13478(a)(1)-(3) (describing the purpose of the program). Return to text.

[13] See infra notes 180-83 and accompanying text. Return to text.

[14] See 42 U.S.C. §13478(g)(2) (delegating research duties to the DOE). Return to text.

[15] On October 31, 1996, after almost 3 years of study, the Committee on the Possible Effects of Electromagnetic Fields on Biologic Systems released its report, which was widely reported by the news media. Return to text.

[16] NRC REPORT, supra note 3, at 2. Return to text.

[17] See id. at 17 (noting how the NRC Committee applied standards of acceptability for the research it would recognize). Return to text.

[18] See infra notes 21-51 and accompanying text. Return to text.

[19] See infra notes 52-77 and accompanying text. Return to text.

[20] See infra notes 78-85 and accompanying text. Return to text.

[21] See Sherry Young, Regulatory and Judicial Responses to the Possibility of Biological Hazards from Electromagnetic Fields Generated by Power Lines, 36 VILL. L. REV. 129, 153 (1991). Young's article provides a good discussion of utilities, their relationship to regulatory bodies, and their right to condemn property. Return to text.

[22] See id. Return to text.

[23] See id. at 153 (citing Johnson v. Consolidated Gas, Elec. Light & Power Co., 50 A.2d 918 Md. (1947) and Montana Power Co. v. Bokma, 457 P.2d 769, 772 Mont. (1969) as examples of cases holding that a utility has the right of eminent domain). Return to text.

[24] See U.S. CONST. amend. V. The Fifth Amendment of the United States Constitution provides "nor shall private property be taken for public use without just compensation." States have similar just compensation provisions. See ALA. CONST. art. I, §23. Return to text.

[25] See Young, supra note 21, at 158. Return to text.

[26] See id. (noting the lack of flexibility in estimates of fair market value of the condemned property). Return to text.

[27] See Selective Resources v. Superior Ct., 700 P.2d 849, 850, 852 (Ariz. Ct. App. 1984) (ruling in a condemnation action that testimony of expert witnesses concerning the biological effects of exposure to electromagnetic fields was highly relevant to the issue of severance damages). Return to text.

[28] See Young, supra note 21, at 158-59. Return to text.

[29] See Goadby v. Philadelphia Elec. Co., 639 F.2d 117, 122 (3d Cir. 1981) (complaining landowner claimed that electromagnetic field encroached on his land in an area wider than the right of way); San Diego Gas & Elec. Co. v. Daley, 253 Cal Rptr. 144, 150, 152-53 (1988) (admitting evidence of fear of danger from electromagnetic projections; not admitting evidence that no health hazard exists because fear was affecting the value of the retained land); San Diego Gas & Elec. Co. v. 3250 Corp., 252 Cal. Rptr. 853, 859 (1988) (complaining landowner offered evidence at trial of public fear of electromagnetic fields, no error for court to refuse instruction that harmful effects of fields were a hidden defect); Linnebur v. Public Svc. Co., 716 P.2d 1120, 1121-22 (Colo. 1986) (holding that condemnation action for transmission line easement where landowner appealed exclusion of two expert witnesses' testimony that line created a health hazard was not ripe for appeal); Florida Power & Light Co. v. Jennings, 518 So. 2d 895, 896, 898 (Fla. 1987) (holding that landowner's evidence of the effect of public fear of electromagnetic fields was admissible even though no proof fear was reasonable); Florida Power & Light Co. v. Roberts, 490 So. 2d 969, 971 (Fla. 5th DCA 1986) (allowing severance damages based on testimony about electromagnetic fields since research has shown a link between transmission lines and cancer in people living near the lines); Dixie Textile Waste Co. v. Oglethorpe Power Corp., 447 S.E.2d 328, 330 (Ga. Ct. App. 1994) (excluding landowner's expert testimony regarding public fear of electromagnetic fields as hearsay); Iowa Power & Light Co. v. Stortenbecker, 334 N.W.2d 326, 331 (Iowa Ct. App. 1983) (ruling that expert testimony using words "leukemia" and "multiple sclerosis" to illustrate effects of electromagnetic fields from proposed transmission lines more prejudicial than probative as evidence for jury's determination of effect of public fear on market value of remaining land); Ryan v. Kansas Power & Light Co., 815 P.2d 528, 534-35 (Kan. 1991) (holding evidence of public fear, but not personal fear, of health effects of power lines admissible because purpose of evidence is to show factors affecting property value and damages); Meinhardt v. Kansas Power & Light Co., 661 P.2d 820, 822 (Kan. Ct. App. 1983) (excluding testimony of expert appraisers concerning the basis of public fear, court did not abuse its discretion in excluding biomedical engineer's testimony on the hazardous biological effects of power line, nor in concluding his evidence was not germane to market value issue); Duerson v. Kentucky Power Coop., 843 S.W.2d 340, 343 (Ky. Ct. App. 1992) (holding that EMF emissions from transmission lines were not included in the statutory list of contaminants); Zappavigna v. State, 588 N.Y.S.2d 585, 586, (N.Y. App. Div. 1992); Criscuola v. Power Auth., 592 N.Y.S.2d 79, 81 (N.Y. App. Div. 1992) (claiming severance damages award as a result of "cancerphobia," or a public perception that exposure to EMF poses a health risk). Return to text.

[30] See, e.g, Banks v. Georgia Power Co., 469 S.E.2d 218, 222 (Ga. Ct. App. 1996) (excluding testimony regarding EMF because not expert). Return to text.

[31] See, e.g., Ryan v. Kansas Power & Light Co., 815 P.2d 528, 535 (Kan. 1991) (admitting non-expert testimony about fear of lines as not prejudicial nor an abuse of discretion). Return to text.

[32] Linnebur, 716 P.2d at 1121-22. Return to text.

[33] See Chappell v. Virginia Elec. & Power Co., 458 S.E.2d 282, 284 (Va. 1995). Return to text.

[34] See Dixie Textile Waste Co. v. Oglethorpe Power Co., 447 S.E.2d 328, 330 (Ga. Ct. App. 1994). Return to text.

[35] See Stannard v. Axelrod, 419 N.Y.S.2d 1012, 1016 (N.Y. Sup. Ct. 1979) (dismissing action seeking to compel Department of Health and Environmental Conservation to abate nuisance caused by creation of health hazards by installation of transmission line because PSC had jurisdiction). Return to text.

[36] 739 S.W.2d 508 (Tex. Ct. App. 1987). Return to text.

[37] See id. at 511. Return to text.

[38] See id. Return to text.

[39] See id. Return to text.

[40] See id. Return to text.

[41] See id. at 516. For a discussion of gauss unit of measuring magnetic field intensity, see infra notes 145-50 and accompanying text. Return to text.

[42] For a discussion of the studies, see infra notes 300-45 and accompanying text. Return to text.

[43] See Klein, 739 S.W.2d at 516. Return to text.

[44] See id. Return to text.

[45] See id. at 517 Return to text.

[46] See id. Return to text.

[47] See id. at 511. Return to text.

[48] See id. Return to text.

[49] See id. at 521. The appellate court did not explain the basis for an award of actual damages. Return to text.

[50] See id. Return to text.

[51] See Pam Black, Rising Tension over High-Tension Lines, BUS. WK., Oct. 30, 1989, at 158 (estimating that power companies have been parties to more than 100 suits where potential health hazards from power lines were an issue). Return to text.

[52] See Woida v. United States, 446 F. Supp. 1377, 1387 (D. Minn. 1987) (declining to require utility to analyze health and safety effects of EMF in its environmental impact statement); Douglas County Bd. Comm'rs v. Public Util. Comm'n, 866 P.2d 919, 922 (Colo. 1994) (challenging PUC conclusion that line upgrade did not cause potential adverse health effects mandating denial of application); Couch v. Delmarva Power & Light Co., 593 A.2d 554, 555-56 (Del. Ch. 1991) (denying injunction against utility where owners of farm land claimed proposed lines would create electromagnetic fields that might be linked to cancer and birth defects); Florida Power Corp. v. State Siting Bd., 513 So. 2d 1341, 1343 (Fla. 1st DCA 1987) (holding that Board erred because it denied certification of proposed transmission line corridor until it could determine whether utility had complied by yet-to-be-adopted rules specifying proposed line width necessary to protect against electric and magnetic fields); Stannard v. Axelrod, 419 N.Y.S.2d 1013, 1016 (N.Y. Sup. Ct. 1979) (holding that issues regarding public health aspects of non-ionizing electromagnetic radiation from proposed high voltage transmission line should have been determined in PSC proceeding); Chester Township v. Power Siting Comm'n, 361 N.E.2d 436, 440-41 (Ohio 1977) (upholding commission's decision to base ruling on engineers' testimony that electromagnetic fields surrounding proposed lines would not be detrimental to public); Fretz v. Pennsylvania Pub. Util. Comm'n, 666 A.2d 372, 375-76 (Pa. Commw. Ct. 1995) (finding that utility's proposed upgrade of line using taller structures and reversed phasing would reduce electromagnetic fields at edge of right of way by more than seventy percent); Barensfeld v. Pennsylvania Pub. Util. Comm'n, 624 A.2d 809, 811 (Pa. Commw. Ct. 1993) (denying Citizens Opposed to Unsafe Power the right to intervene in PUC siting and transaction proceedings or to have proceedings consolidated for several reasons, including the effect of EMF on the public). See also State of Wisconsin v. Weinberger, 745 F.2d 412, 420 (7th Cir. 1984) (seeking injunction of extremely low frequency (ELF) submarine communications project where court held that post-1977 evidence of effects of ELF on health was not required to be included in EIS because it did not present a different picture from the one in 1977). Return to text.

[53] See Young, supra note 21, at 169-78. A PUC balances the public's interest in being able to access a reliable source of electric power against the harm the facilities required to provide that source may cause to the public. See id. Return to text.

[54] See id. Return to text.

[55] See Goadby v. Philadelphia Elec. Co., 639 F.2d at 119 (finding "[b]oth the ground level electric field and the magnetic flux density of the line, using the most extreme theoretical conditions, are well below the danger levels . . . . [T]he proposed line . . . will present no danger to the public's health or safety."). Return to text.

[56] See OFFICE OF TECHNOLOGY ASSESSMENT, U.S. CONGRESS, OTA-BP-E-53, BIOLOGICAL EFFECTS OF POWER FREQUENCY ELECTRIC AND MAGNETIC FIELDS&EMDASH;BACKGROUND PAPER 76 (May 1989) [hereinafter OTA BACKGROUND PAPER]. THE OTA BACKGROUND PAPER is an earlier report on the possible health effects of electric and magnetic fields by the Congress of the United States Office of Technology Assessment (OTA), an office whose function is to help Congress keep abreast of technological changes. Return to text.

[57] See Douglas County Bd. of Comm'r v. Public Util. Comm'n, 829 P.2d 1303, 1306 (Colo. 1992) (challenging PUC conclusion that cost of burial of proposed lines as a means of prudent avoidance outweighed the benefits of burial). Return to text.

[58] See OTA BACKGROUND PAPER, supra note 56, at 78-79 (citing M.G. Morgan et al., Controlling Exposure to Transmission Line Electromagnetic Fields: A Regulatory Approach that is Compatible with the Available Science, PUBLIC UTILITIES FORTNIGHTLY (Mar. 17, 1988)). Return to text.

[59] See id. at 79. Return to text.

[60] 626 N.Y.S.2d 414 (N.Y. Sup. Ct. 1995). Return to text.

[61] See id. Return to text.

[62] See id. at 415-16. Return to text.

[63] See generally Sager A. Williams, Jr., Comment, Limiting Local Zoning Regulation of Electric Utilities: A Balanced Approach in the Public Interest, 23 U. BALT. L. REV. 565 (1994) (discussing zoning laws applied to the electric power industry because of EMF). Return to text.

[64] 617 A.2d 104 (R.I. 1992). Return to text.

[65] 651 A.2d 725 (R.I. 1994). Return to text.

[66] See O'Neill, 617 A.2d at 106. The ordinance was known as the "High Voltage Line Moratorium Act" and stated that the purpose of the Act was to allow time for those entities studying the effects of exposure to electromagnetic fields to determine whether they present a health risk. See id. at n.1. Return to text.

[67] See id. at 107. Return to text.

[68] See id. at 114. Return to text.

[69] See 651 A.2d at 725. Return to text.

[70] See id. at 727-30. The amendments provided that the siting and construction of power lines and power generating facilities be done in an effort to reduce EMF exposure, that future substations be designed with the same objective, and that the town adopt a policy to regulate siting of lines to reduce EMF exposure to the lowest possible level. Return to text.

[71] Id. at 729. Return to text.

[72] See, e.g., Nynex Mobile Communications Co. v. Hazlet Township Zoning Bd. Of Adjustment, 648 A.2d 724 (N.J. Super. Ct. App. Div. 1994). In this case, the town had denied a zoning variance to permit a cellular telephone facility on top of a nonconforming-use water tower. See id. The town's experts said that EMF was "definitely detrimental," though the level of cause and effect was unknown. See id. at 728. The court, in reversing the denial of the variance, said that "the so-called health and safety issues are nothing but rank speculation" and "unsubstantiated fears which cannot form the basis for a denial of an otherwise viable application." Id. at 732. For a discussion of EMF with respect to cellular telephone facilities, see Dean J. Donatelli, Note, Locating Cellular Telephone Facilities: How Should Communities Answer When Cellular Telephone Companies Call?, 27 RUTGERS L.J. 447 (1996). Return to text.

[73] See MacNamara v. County Council of Sussex County, 738 F. Supp. 134, 137-38, 141-42 (D. Del. 1990) (dismissing claim because property owners concerned about EMF had no property interest with respect to the rezoning that was protected by due process). Return to text.

[74] See Town of Framingham v. Department of Public Util., 244 N.E.2d 281 (Mass. 1968). Return to text.

[75] See Newport Elec. Corp. v. Town of Portsmouth, 650 A.2d 489, 493 (R.I. 1994) (complaining utility company supported its objection to the re-zoning to residential of its lots located next to its property zoned industrial and on which it may construct a future power line by testimony that it had "concerns and objections relative to EMF and these overhead power lines."). Return to text.

[76] See id. Return to text.

[77] Id. at 493. Return to text.

[78] See John Weiss, The Power Line Controversy: Legal Responses to Potential Electromagnetic Field Health Hazards, 15 COLUM. J. ENVTL L. 359, 363 (1990). Return to text.

[79] See id. Return to text.

[80] See Andrews Continuing Education Institute, Electromagnetic Field Litigation: The Next Asbestos? (1993) (transcript on file with author). This seminar was presented "for attorneys, insurers and other professionals interested in the latest legal strategies, and state-of-the-art scientific data concerning magnetic fields" and "[f]eatur[ed] cellular telephone, power line and radar gun litigation discussions, a mock EMF trial and much more!" Id. at 1. In May 1993 Andrews Publications began publishing the ELECTROMAGNETIC FIELD LITIG. REP., a monthly journal reporting on cases involving personal injury, property devaluation, fear of cancer, admissible science and other issues in the electromagnetic field litigation area of law. Return to text.

[81] See Mark A. Hoffman, Study Debunks EMF Risks: Report Sees No Link to Illness, BUSINESS INSURANCE (Nov. 4, 1994), 1996 WL 12786305. For a survey of health and other claims related to EMF, see generally ELECTROMAGNETIC FIELD LITIG. REP. (reporting cases involving electromagnetic litigation). Return to text.

[82] See Jordan v. Georgia Power Co., 466 S.E.2d 601, 603 (Ga. App. 1995) (claiming that as a result of EMF property was unsafe and Nancy Jordan developed non-Hodgkin's lymphoma). Return to text.

[83] See San Diego Gas & Elec. Co. v. Superior Ct., 920 P.2d 669, 679-80, 694 (Cal. 1996) (alleging five personal injury causes of action including "medical monitoring," intentional and negligent infliction of emotional distress, strict product liability, and negligent product liability). Return to text.

[84] See Florida Power & Light Co. v. Glazer, 671 So. 2d 211, 213 (Fla. 3d DCA 1996) (alleging contraction of chronic myelogenous leukemia (CML) because of continuous exposure to magnetic fields emanating from utility's transformer and distribution lines). Return to text.

[85] See In re Brewer, 18 ELECTROMAGNETIC FIELD LITIG. REP. 10 (Apr. 1995). In this workman's compensation case, the Washington Department of labor & Industries first awarded benefits to an aluminum smelters plant worker based on his claim that his terminal non-Hodgkin's lymphoma was caused by exposure to high levels of EMF and then reversed that award of benefits because the condition did not result from a defined industrial injury and was not an occupational disease. Return to text.

[87] A commonly experienced example of this phenomenon is when a sock clings to a shirt after both items have been in a drier rubbing together. The rubbing together causes the clothes to pick up or lose electrons from one another producing the familiar "static electricity." See id. Return to text.

[88] See OTA BACKGROUND PAPER, supra note 56, at 7. Return to text.

[89] See id. at 8. Return to text.

[90] See id. at 1. Return to text.

[91] See id. at 4. Hair dryers, electric razors, electric curlers, bedside radios, blenders, vacuum cleaners, televisions, microwave ovens, and personal computers are routinely used in modern society. These items are now considered necessities of modern life, rather than mere conveniences. Electric and magnetic fields also arise from many natural sources and are present in all living organisms. See id. Return to text.

[92] See OTA BACKGROUND PAPER, supra note 56, at 4. Return to text.

[93] See id. at 5 (Fig. 2-1). Return to text.

[94] See id. Return to text.

[95] See id. at 4. Return to text.

[96] See id. Return to text.

[97] See id. Return to text.

[98] See id. Return to text.

[99] See id. (citing D. Minner, The Top 100 Utilities 1986 Operating Performance, ELECTRIC LIGHT AND POWER (August 1987); Energy Information Administration, U.S. Department of Energy, Statistics of Privately-Owned Electric Utilities, 1981 Annual Technical Report 130 E/EIA-0044(81) (1983)). Return to text.

[100] See NRC REPORT, supra note 3, at 11. Return to text.

[101] See OTA BACKGROUND PAPER, supra note 56, at 1. Return to text.

[102] See id. Return to text.

[103] See NRC REPORT, supra note 3, at 11 n.1. Return to text.

[104] See id. Return to text.

[105] See id. Return to text.

[106] See id. Return to text.

[107] See id. at 12 n.4. Return to text.

[108] See id. at 24. Waveform, the change in amplitude and phase with time, is another characteristic of AC electric or magnetic fields. See id. The waveform of 50-60 Hz AC fields encountered in the environment is the sinusoidal field, those most often used in biological experiments. See id. Sinusoidal fields can contain distortions causing "harmonics," which are multiples of the fundamental frequency, such as 120 Hz, 180 Hz, 240 Hz, etc. See id. Return to text.

[109] See id. at 12. Return to text.

[110] See id. Return to text.

[111] See id. at 11 n.2. Return to text.

[112] See Appendix. Return to text.

[113] See NRC REPORT, supra note 3. Return to text.

[114] See id. at 12 n.3, 24 (noting the frequencies that are generally designated "ELF" are range from 3 Hz to 3000 Hz (3 kHz)). Return to text.

[115] See id. at 12. Return to text.

[116] See id. Return to text.

[117] See id. Return to text.

[118] See id. Return to text.

[119] See id. Return to text.

[120] See id. Return to text.

[121] See Tom Watson and Curtis S. Renner, The Scientific and Legal Bases for Litigating EMF Property Cases, in CURRENT CONDEMNATION LAW: TAKINGS, COMPENSATION & BENEFITS 126, 128 (Alan T. Ackerman ed., 1994). The concern about possible health effects of exposure to EMF originated during World War II when men were exposed to high-frequency radar systems and video screens. Subsequently, claims of adverse health effects arose in connection with police radar guns, cellular phones, microwave ovens and other high-frequency sources. See NRC REPORT, supra note 3, at 10. Radar guns and cellular telephones are beyond the very high fre quency range on the Electromagnetic Spectrum and thus are not examples of the extra low frequency residential electric and magnetic fields. See Blesy et al. v. Kustom Signals, 18 ELECTROMAGNETIC FIELD LITIG. REP. 13 (concerning radar guns); Ward v. Motorola, 18 ELECTROMAGNETIC FIELD LITIG. REP. 8 (concerning cellular telephones). Return to text.

[122] See NRC REPORT, supra note 3, at 12. Return to text.

[123] See Watson & Renner, supra note 121, at 129. Return to text.

[124] See id. Return to text.

[125] NRC REPORT, supra note 3, at 12. Return to text.

[126] Id. at 13. Return to text.

[127] See OTA BACKGROUND PAPER, supra note 56, at 6. Electric and magnetic fields are either propagating or non-propagating. See id. Propagating fields travel long distances from their source; non-propagating fields are confined to the vicinity of their source. See id. "A wavelength is the distance that a propagating field travels during one oscillatory cycle." Id. The intensity of a confined field decreases more rapidly with distance from the source of the field than does the intensity of a propagating field, so propagating fields dominate at distances far from the source as compared to the distance traveled by one 60 Hz wavelength, which covers several thousand kilometers. See id. The power frequency fields that people are exposed to are the non-propagating type because the 60 Hz wavelength is on the lower end of the electromagnetic spectrum. See id. The exposure to people is greatest because of the proximity of power lines and electric appliances. The term "radiation" refers to propagating fields and not to the confined, non-propagating type, but because low frequency EMF or ELF are non-propagating, to use the term "ELF radiation" is technically inappropriate. See id. Return to text.

[128] See ASHER R. SHEPPARD & MERRILL EISENBUD, BIOLOGICAL EFFECTS OF ELECTRIC AND MAGNETIC FIELDS OF EXTREMELY LOW FREQUENCY 1-1 (1977). Return to text.

[129] See id. Return to text.

[130] Id. at 2-7, 2-8. Electric or magnetic fields are involved in the following normal biological functions: normal brain rhythms as observed by electroencephalogram and magneto encephalogram patterns; the activity of the nervous system; bone growth, and the regeneration of new bone growth after injury; and natural sensitivity to very weak electric and magnetic fields in fish, birds, and bacteria. See id. Return to text.

[131] See NRC REPORT, supra note 3, at 22. Interestingly, nerve cells have electric activity within them and cause current densities on the surface of the body. A human would have to be exposed to a 60 Hz field of 1 G to produce an equivalent current density within the body. Typical residential fields are about 1 mG, and thus cause induced current densities that are 1,000 times less than those induced by nerve cell activity. Return to text.

[132] See OTA BACKGROUND PAPER, supra note 56, at 16 (citing Kaune & Phillips, Dosimetry for Extremely Low-Frequency Electric Fields, in BIOLOGICAL EFFECTS OF AND DOSIMETRY OF STATIC AND ELF ELECTROMAGNETIC FIELDS (M. Grandolfo & S. Michaelson eds., 1985)). When the free electric charges, contained in the ion-rich blood and lymph fluids in the human body, move in response to charges on and currents in nearby power lines and appliances, the currents in the body have been produced by electric or magnetic induction. See id. Body shape, posture, orientation, size of charges and currents in the source, distance from source, and presence of shields all affect the surface charge and body currents. See id. Return to text.

[133] See NRC REPORT, supra note 3, at 13. Return to text.

[134] See id. Return to text.

[135] See id. Return to text.

[136] See id. Return to text.

[137] See id. at 12. Physicist James Clerk Maxwell described the relationship between magnetic fields and electric fields in the nineteenth century. He showed that changing magnetic fields produce electrical fields and that alternating currents of electricity produce magnetic fields. See OTA BACKGROUND PAPER, supra note 56, at 16. Return to text.

[138] See NRC REPORT, supra note 3, at 12. Return to text.

[139] See id. at 13. The term "electromagnetic field" or "EMF" is used to generally describe electric and magnetic fields together. Return to text.

[140] See id. Return to text.

[141] See OTA BACKGROUND PAPER, supra note 56, at 7. Return to text.

[142] See id. at 7. Return to text.

[143] See id. at 8. Return to text.

[144] See id. Return to text.

[145] See id. Return to text.

[146] See id. Return to text.

[147] See id. Return to text.

[148] See id. Return to text.

[149] See NRC REPORT, supra note 3, at 16. Return to text.

[150] See id. Return to text.

[151] See id. at 26-27 (citing ANSI/IEEE, PROCEDURES FOR MEASUREMENT OF POWER FRE QUENCY ELECTRIC AND MAGNETIC FIELDS FROM AC POWER LINES. 644 (1987)). Measurement procedures are described in detail by the cited study. Return to text.

[152] See id. at 25-26. Return to text.

[153] See id. at 25. Electric and magnetic fields have many complex characteristics such as strength, harmonics (integral multiples of a fundamental frequency), transients (short duration signals containing a range of frequencies and appearing at irregular time intervals), temporal and spatial changes. See id. Strength of the 60 Hz magnetic field has been the characteristic tacitly assumed in the majority of studies to be directly related to exposure. See id. The strength is measured as the average root-mean-square (rms, a time averaged measurement). Return to text.

[154] See id. Return to text.

[155] See id. at 25 (citing W.T. Kaune and M.L. Gillis, General Properties of the Interaction Between Animals and ELF Electric Fields, 2 BIOELECTROMAGNETICS 1-11 (1981)). Return to text.

[156] See id. at 25. Return to text.

[157] See id. Return to text.

[158] See id. at 26-27. The devices can be set to record many samples of a magnetic field over a long period of time, for example, a sample every 10 seconds for 24 hours. See id. The electric and magnetic field measuring devices frequently are calibrated against the calculated field because, when properly performed, calculations of the fields are more accurate than measurements. Return to text.

[159] See NRC REPORT, supra note 3, at 27. Return to text.

[160] See id. (citing Electric Power Research Institute, Palo Alto, Cal., PROJECT RP 2966-1, THE EMDEX PROJECT: TECHNOLOGY TRANSFER AND OCCUPATIONAL MEASUREMENTS, EN-7048-V1, - V2, and -V3 (1990)) [hereinafter EMDEX PROJECT]. Return to text.

[161] See id. at 27-28. Return to text.

[162] See id. at 28. Return to text.

[163] See id. Return to text.

[164] See id. (citing OFFICE OF RADIATION AND INDOOR AIR, U.S. ENVTL. PROTECTION AGENCY, EPA/402/R-92/008, EMF IN YOUR ENVIRONMENT: MAGNETIC FIELD MEASUREMENTS OF EVERYDAY ELECTRICAL DEVICES (1992)) [hereinafter EMF ENV'T]. For a 115 kV transmission line, an average representative magnetic field 91.4 m away was 0.2 mG; for a 230 kV line, the average field was 0.8 mG; and for 500 kV line, the average field was 1.4 mG. Return to text.

[165] See NRC REPORT, supra note 3, at 32. At peak usage the average figures given in note 118 could double. Return to text.

[166] See id. Of course, magnetic fields are strongly present within the substation itself. Return to text.

[167] See id. Return to text.

[168] See id. Return to text.

[169] See id. at 32-33. Burial in underground pipes decreases the typical field to less than one mG because the close spacing of the wires and the metal pipe decreases the field. However, with direct burial, though the wires are closer, thus decreasing the field, the wires are closer to the surface of the ground than overhead wires, thus increasing the field. See id. Return to text.

[170] For example, the NRC Committee cited and included in its report tables from: EMF ENV'T, supra note 164; EMDEX PROJECT, supra note 160. Return to text.

[171] See NRC REPORT, supra note 3. Return to text.

[172] See id. at 28-29 (citing Geomet Technologies, Inc., PROJECT RP2966-04, ASSESSMENT OF CHILDREN'S LONG-TERM EXPOSURE TO MAGNETIC FIELDS (THE GEOMET STUDY), Rep. TR-101406 (1993) [HEREINAFTER GEOMET STUDY]. At the 95th percentile the kitchens averaged 3.5 mG. Interpretation of the study assumes that a person's activity pattern is uniformly distributed in the living space. Return to text.

[173] See NRC REPORT, supra note 3, at 29-30 (citing EMF ENV'T, supra note 164). Return to text.

[174] See id. Return to text.

[175] See id. at 31 (citing GEOMET STUDY, supra note 172). Return to text.

[176] See id. at 30. For positive-temperature-coefficient blankets the fields average about one mG. Return to text.

[177] See id. at 31. When measurements are taken at fixed positions in the rooms, they are consistently lower than personal exposure measurements. Return to text.

[178] See id. at 33. Return to text.

[179] See id. at 118-19. Return to text.

[180] See id. at xix. Return to text.

[181] See id. Return to text.

[182] See id. Return to text.

[183] See id. Return to text.

[184] See id. at 9-10. The Board on Radiation Effects Research of the NRC's Commission on Life Sciences convened the Committee to perform the review and report its finding. Return to text.

[185] See id. at 10. The Committee on the Possible Effects of Electromagnetic Fields on Biologic Systems consisted of the following people:

CHARLES F. STEVENS (Chair), Howard Hughes Medical Institute, Salk Institute, La Jolla, Calif.

DAVID A. SAVITZ (Vice Chair), Department of Epidemiology, University of North Carolina, Chapel Hill, N.C.

LARRY A. ANDERSON, Pacific Northwest National Laboratory, Richland, Wash.

DANIEL A. DRISCOLL, Department of Public Service, State of New York, Albany, N.Y.

FRED H. GAGE, Laboratory of Genetics, Salk Institute, San Diego, Calif.

RICHARD L. GARWIN, IBM Research Division, Yorktown Heights, N.Y.

LYNN W. JELINSKI, Center for Advanced Technology-Biotechnology, Cornell University, Ithaca N.Y.

BRUCE J. KELMAN, Golder Associates, Inc., Redmond, Wash.

RICHARD A. LUBEN, Division of Biomedical Sciences, University of California, Riverside, Calif.

RUSSELL J. REITER, Department of Cellular and Structural Biology, University of Texas Health Sciences Center, San Antonio, Tex.

PAUL SLOVIC, Decision Research, Eugene, Oreg.

JAN A. J. STOLWIJK, Department of Epidemiology and Public Health, Yale University School of Medicine, New Haven, Conn.

MARIA A. STUCHLY, Department of Electrical and Computer Engineering, University of Victoria, B.C., Canada.

DANIEL WARTENBERG, UMDNJ-Robert Wood Johnson, Medical School, Piscataway, N.J.

JOHN S. WAUGH, Department of Chemistry, Massachusetts Institute of Technology, Cambridge, Mass.

JERRY R. WILLIAMS, The Johns Hopkins Oncology Center, Baltimore, Md. Return to text.

[186] See id. Return to text.

[187] See NRC REPORT, supra note 3, at 17. Cancer is an especially dreaded disease. One can easily understand why a potential risk of cancer caused by exposure to electric and magnetic fields is of particular concern, and the fact that childhood leukemia has been associated with ELF only increases that concern. Return to text.

[188] See id. Return to text.

[189] See id. at 53-54. The NRC Committee cautioned that a problem exists in interpreting the responses of cells in culture in terms of the manner in which cells in a living body (in vivo) would respond. Similar exposures and appropriate surrogates are required. Confidence in results from power frequency field exposure is gained by experiments that produce responses similar to those responses produced by known carcinogens, neurotoxins, or developmental toxins. Return to text.

[190] See id. at 52-53. The NRC Committee was impressed by the number and quality of studies reporting negative results. The few studies reporting positive results used no superior methods or cell systems as would warrant the NRC Committee concluding other than that residential magnetic field strengths (0.1 to 10 G) have no significant effects on cultured cell systems. Return to text.

[191] See id. at 53. Return to text.

[192] See id. at 56. Other indicated heritable changes include non-heritable chromosomal aberrations and sister chromatid exchanges (SCE). Return to text.

[193] Twenty-two of the 24 sinusoidal field exposure studies reported negative results. See id. (citing J.E. McCann, et al., A Critical Review of the Genotoxic Potential of Electric and Magnetic Fields, 297 MUTAT. RES. 61 (1993) (reviewing many of the studies in Table A3-1 in Appendix A of the NRC Report and concluding that no convincing evidence exists that power frequency fields induce direct genotoxic effects)); J.C. Murphy et al., Power Frequency Electric and Magnetic Fields: A Review of Genetic Toxicology, 296 MUTAT. RES. 221 (1993) (studying under the auspices of the International Commission for Protection Against Environmental Mutagens and Carcinogens and concluding no genotoxic effect by the preponderance of the data, but noting need for further study)). Two studies from the same laboratory reported positive genotoxicity results. See id. (citing G. D'Ambrosio et al., Chromosomal Aberrations Induced by Extremely Low Frequency Electric Fields, 4 J. BIOELECTROMAGNETICS 279 (1985); D'Ambrosio et al., Chromosomal Aberrations in Bovine Lymphocytes Exposed to 50-Hz Electric Currents, 7 J. BIOELECTROMAGNETICS 239 (1988-1989)). Studies using fields other than sinusoidal 50-60 Hz fields, such as high-frequency EMF, static fields, or pulsed (intermittently applied) fields, were also included in Table A3-1. See id. Genotoxic effects were reported where fields were pulsed or intermittent and the exposure levels were much higher than those commonly experienced in residences and workplaces. See id. at 56-57 (citing I. Nordenson et al., Chromosomal Aberrations in Human Amniotic Cells After Intermittent Exposure to Fifty Hertz Magnetic Fields, 15 BIOELECTROMAGNETICS 293 (1994); A.M. Khalil & W. Qassem, Cytogenic Effects of Pulsing Electromagnetic Field on Human Lymphocytes In Vitro: Chromosome Aberrations, Sister-Chromatid Exchanges and Cell Kinetics, 247 MUTAT. RES. 141 (1991)). Positive genotoxic effects in the form of excess SCE in human lymphocytes when exposed to 50-Hz sinusoidal magnetic fields and an agent used in the treatment of ovarian cancer were reported, though the authors of the study questioned the results. See id. at 57 (citing M. Rosenthal & G. Obe, Effects of 50-Hertz Electromagnetic Fields on Proliferation and on Chromosomal Alterations in Human Peripheral Lymphocytes Untreated or Pretreated with Chemical Mutagens, 210 MUTAT. RES. 329 (1989)). A study using pulse-modulated microwaves alone and following or preceding X-rays reported transformed foci in certain cells. See id. (citing E.K. Balcer-Kubiczek & G.H. Harrison, Neoplastic Transformation of C3H/10T1/2 Cells Following Exposure to 120-Hz Modulated 2.45-GHz Microwaves and Phorbal Tumor Promoter, 126 RADIAT. RES. 65 (1991)). These studies and others involving high-frequency EMF and tumor promoters prompted the NRC Committee to mention the possibility of the need for further study in this area, but, because of the great majority of negative effects for 50-60 Hz field exposure, the NRC Committee concluded that power frequency fields are not a direct genotoxic agent. Return to text.

[194] See NRC REPORT, supra note 3, at 58. Heritable changes and transient changes are the two categories of changes observed in cultured cells exposed to electric and magnetic fields and are relevant to carcinogenic, neurobehavioral, and reproductive effects of concern in attempts to evaluate potential hazards associated with fields. Because developmental toxins need act only a short time during gestation, developmental effects are most susceptible to transient changes caused by electric and magnetic field exposure. Return to text.

[195] See id. at 58. Return to text.

[196] See id. at 6. Return to text.

[197] See id. Return to text.

[198] See id. at 58 (citing W.R. Adey, ELF Magnetic Fields and Promotion of Cancer Experimental Studies & Collective Properties of Cell Membranes, in INTERACTION MECHANISMS OF LOW- LEVEL ELECTROMAGNETIC FIELDS IN LIVING SYSTEMS at 23-46, 47-77 (B. Norden & C. Ramel eds., 1992); R. Cardossi et al., Lymphocytes and Low-Frequency Electromagnetic Fields, 6 FASEB J. 2667 (1992); S.F. Cleary, A Review of In Vitro Studies: Low-Frequency Electromagnetic Fields, 54 J. AM. IND. HYG. ASSOC. 178 (1993); R.P. Liburdy, ELF Fields and the Immune System: Signal Transduction, Calcium metabolism, and Mitogenesis in Lymphocytes with Relevance to Carcinogenesis, in INTERACTION MECHANISMS OF LOW- LEVEL ELECTROMAGNETIC FIELDS IN LIVING SYSTEMS AT 217 (B. Norden & C. Ramel eds., 1992); R.A. Luben, Effects of Low-Energy Electromagnetic Fields (Pulsed and DC) on Membrane Signal Transduction Processes in Biological Systems, 61 HEALTH PHYS. 15 (1991); R.A. Luben, Effects of Low-Energy Electromagnetic Fields (EMF) on Signal Transduction by G Protein-Linked Receptors, in ELECTRICITY AND MAGNETISM IN BIOLOGY AND MEDICINE at 57 (M. Blank ed., 1993); T.S. Tenforde, Biological Interactions of Extremely-Low-Frequency Electric and Magnetic Fields, 25 BIOELECTROCHEMISTRY AND BIOENERGETICS 1 (1991); T.S. Tenforde, Biological Interactions and Potential Health Effects of Extremely-Low-Frequency Magnetic Fields from Power Lines and Other Common Sources, 13 ANNU. REV. PUBLIC HEALTH 173 (1992); J. Walleczek, Electromagnetic Field Effects on Cells of the Immune System: The Role of Calcium Signaling, 6 FASEB J. 3177 (1992)). Return to text.

[199] See NRC REPORT, supra note 3, at 16. The NRC Committee explains:

At the end of the risk-assessment process, the body of evidence is weighed together to reach an overall assessment of a possible hazard. If the results from several areas of research (e.g., epidemiologic [sic] studies, tests in cell systems, or whole animal studies) are consistent and have been replicated and if a biologically plausible mechanism of action for the effect is evident, the evidence for the effect is given great weight. In contrast, a body of evidence that includes inconsistent and conflicting results, no replication of results, and effects that are often at the threshold of detection might be given little weight in reaching a conclusion.

Id. Return to text.

[200] See id. at 62. Return to text.

[201] See id. at 53, 61-62 (citing C.V. Byus et al., The Effects of Low-Energy 60-Hz Environmental Electromagnetic Fields Upon the Growth-Related Enzyme Ornithine Decarboxylase, 8 CARCINOGENESIS 1385 (1987) (reporting that human lymphoma cells, mouse myeloma cells, and rat hepatoma cells showed increase in ODC activity when exposed to 60 Hz electric field)). Return to text.

[202] See id. at 61-62. The hypothesis is discussed further infra at notes 205-11 and accompanying text. Return to text.

[203] See id. at 62-63 (citing R.P. Liburdy et al., ELF Magnetic Fields, Breast Cancer, and Melatonin: 60-Hz Fields Block Melatonin's Oncostatic Action on ER-Positive Breast Cancer Cell Proliferation, 14 J. PINEAL RES. 89 (1993)). Return to text.

[204] See id. Return to text.

[205] See id. Return to text.

[206] See id. at 63. Return to text.

[207] See id. Return to text.

[208] See id. Magnetic fields at one G and above and electric fields at 10 kV/m and above likely have some effect. Return to text.

[209] See id. Return to text.

[210] DNA is the molecular basis of heredity. When genetic information is transferred to a messenger RNA molecule from the DNA molecule, the process is called "transcription." See 18 THE OXFORD ENGLISH DICTIONARY 393 (2d ed. 1989). Return to text.

[211] See NRC REPORT, supra note 3, at 63 (citing R. Goodman & A. Shirley-Henderson, Transcription and Translation in Cells Exposed to Extremely Low Frequency Electromagnetic Fields, 25 BIOELECTROCHEMISTRY AND BIOENERGETICS 335 (1991) (reporting an increase in transcription in selected chromosome loci of salivary gland cells)). Return to text.

[212] See id. Return to text.

[213] See id. at 64-65 (citing J.L. Phillips et al., Magnetic Field Induced Changes in Specific Gene Transcription, 1132 BIOCHEMISTRY AND BIOPHYSICS ACTA 140 (1992) (showing transient changes in transcription rates)). Return to text.

[214] See id. at 65. Return to text.

[215] See id. at 65-66 (citing J.D. Saffer & S.J. Thurston, Short Exposures to 60 Hz Magnetic Fields Do Not Alter MYC Expression in HL60 or Daudi Cells, 144 RADIAT. RES. 18 (1995); A. Lacy-Hulbert et al., No Effect of 60-Hz Electromagnetic Fields on MYC or Beta-actin in Human Leukemic Cells, 144 RADIAT. RES. 9 (1995)). Return to text.

[216] See id. Return to text.

[217] Id. at 65. Return to text.

[218] See id. at 66. Return to text.

[219] See id. Return to text.

[220] See id. at 66-67. Return to text.

[221] See id. at 67. The NRC Report did not discuss earlier studies except for those on the effects of electric and magnetic fields on calcium efflux from chick brains. Return to text.

[222] See id. at 72. Many studies from the past twenty years show some positive association between changes in calcium concentrations and field exposure, but often depend on concepts designated as "frequency windows," "temperature windows," or "power-density windows" to explain the association. Return to text.

[223] See id. Often statistical significance is achieved only after data is pooled. Return to text.

[224] See id. In some of the experiments, the exact experimental protocols were not followed. In others, the investigators were not able to replicate the experiments. Return to text.

[225] See id. at 72 (citing R.P. Liburdy, Calcium Signaling in Lymphocytes and ELF Field: Evidence for an Electric Field Metric and a Site of Interaction Involving the Calcium Ion Channel, 301 FEBS LETT. 53 (1992); J. Walleczek & T.F. Budinger, Pulsed Magnetic Field Effects on Calcium Signaling in Lymphocytes: Dependence on Cell Status and Field Intensity, 314 FEBS LETT. 351 (1992); M.G. Yost & R.P. Liburdy, Time-Varying and Static Magnetic Fields Act in Combination to Alter Calcium Signal Transduction in the Lymphocyte, 296 FEBS LETT. 117 (1992)). Return to text.

[226] See id. Return to text.

[227] See id. at 53. Return to text.

[228] See id. Return to text.

[229] See id. at 73. Return to text.

[230] See id. at 156. A study is conducted blindly when the researchers are without knowledge at to whether the subject is a case or a control. The knowledge that a home was occupied by a case child or a control child could have introduced bias in the study. Return to text.

[231] See id. at 74. Return to text.

[232] See id. at 73-74. Though evidence does exist that neuroendocrine changes result from exposure to residential strength fields, these changes have not been shown to produce adverse health effects. Return to text.

[233] See id. at 74. Return to text.

[234] See id. at 75-76 (citing C.D. Klaasen & D.L.Eaton, Principles of Toxicology, in CASARATT AND DOUL'S TOXICOLOGY: THE BASIC SCIENCE OF POISONS 12 (M.O. Amdur et al. eds., 4th ed. 1991)). Return to text.

[235] See NRC REPORT, supra note 3, at 74-75. There are two types of dose-response relationships: individual dose-response relationship, describing the responses of an individual to different doses of an agent; and population dose-response reationship, describing the distribution of responses of a population of individuals to different doses. Return to text.

[236] See id. at 75. The NRC Committee urged caution in using the term "dose-response" relationship where an epidemiological study finds an association between a disease and one or more variables because such use is always "suspect until the variable is shown to be a representative factor of the putative causative agent." Id. Return to text.

[237] See id. Actually measuring the dose that reached the site where an effect is detected is the most accurate way to determine dose-response data. This is usually not done because of the cost, but rather, measurement of exposure is substituted for true dose measurement. In considering adverse health effects in individual dose-response relationships, the usual characteristic is the greater the dose of a toxin, the greater the response. Return to text.

[238] See id. Return to text.

[239] See id. Return to text.

[240] See id. at 73. Return to text.

[241] See id. at 79. The epidemiological studies reporting an association between estimated exposures to fields and cancer generated research interest in a possible connection between magnetic fields and cancer. The epidemiological studies are discussed at infra notes 298-346 and accompanying text. Return to text.

[242] See id. at 79-80. Return to text.

[243] See id. at 79.

244. See id. at 80. Return to text.

[245] See id. at 122-23. Confounding agents are agents "causing a mixing of effects between the exposure of interest and extraneous risk factors" and "is not a product of the design or conduct of the study, but results from a natural association among risk factors." Id. Return to text.

[246] See id. at 79-81 (citing D.Sh. Beniashvili & M.Z. Menabde, Low-Frequency Electromagnetic Radiation Enhances the Induction of Rat Mammary Tumors by Nitrosomethyl Urea, 61 CANCER LETT.75 (1991) (reporting a mammary tumor-promotion study in rats finding an increase in mammary gland tumors in rats exposed to magnetic fields at 200 mG for 3 hours a day); B.M. Svedenstal & B. Holmberg, Lymphoma Development Among Mice Exposed to X-rays and Pulsed Magnetic Fields, 64 INT. J. RADIAT. BIOL. 119 (1993) (reporting a lymphoma study in mice finding no increase in tumors with long-term exposure to magnetic fields); A. Rannug et al., A Study on Skin Tumor Formation in Mice with 50-Hz Magnetic Field Exposure, 14 CARCINOGENESIS 573 (1993) (reporting a mouse skin-tumor promotion study finding no increase in tumors with long-term exposure)). Return to text.

[247] See id. at 80. Return to text.

[248] See id. Return to text.

[249] See id. If one were examining an electric or magnetic field to see if it were an initiator, one high-dose exposure would be followed by repeated doses of a known promoter. To examine to see if a field were a promoter, animals would be exposed to a known initiator and then exposed to electric or magnetic fields for a long period of time. Return to text.

[250] See id. Return to text.

[251] See id. at 81. Return to text.

[252] See id. at 81-82 (citing M. Mevissen et al., Effects of Magnetic Fields on Mammary Tumor Development Induced by 7,12-dimethylbenz[a]anthracene in Rats, 14 BIOELECTROMAGNETICS 131 (1993) (reporting that the number of tumors per animal increased in the animals exposed to the magnetic field, but a repeat of the experiment found no difference in the number of tumors); D.Sh. Beniashvili & M.Z. Menabde, Low-Frequency Electromagnetic Radiation Enhances the Induction of Rat Mammary Tumors by Nitrosomethyl Urea, 61 CANCER LETT. 75 (1991) (reporting a mammary tumor-promotion study in rats finding an increase in mammary gland tumors in rats exposed to magnetic fields at 200 mG for 3 hours a day); W. L`scher et al., Tumor Promotion in a Breast Cancer Model by Exposure to a Weak Alternating Magnetic Field, 71 CANCER LETT. 75 (1993) (reporting a significant increase in mammary tumor induction)). Return to text.

[253] See id. Return to text.

[254] See NRC REPORT, supra note 3, at 116. Although biological responses have been shown, the question of whether exposure to electric and magnetic fields causes cancer remains unanswered given the inconsistent results and unreplicated studies. Return to text.

[255] See id. at 73. Return to text.

[256] See id. at 82 (citing I.L. Cameron, K.E. Hunter, & W.D. Winters, Retardation of Embryogenesis by Extremely-Low-Frequency 60-Hz Electromagnetic Fields, 17 PHYSIOL. CHEM. PHYS. MED. NMR 135 (1985) (reporting developmental delays that did not result in abnormal develop ment or decrease in survival)). Return to text.

[257] See id. at 83 (citing C.F. Blackman et al., Influence of Electromagnetic Fields on the Efflux of Calcium Ions from Brain Tissue In Vitro: A Three-Model Analysis Consistent with the Frequency Response up to 510 Hz, 9 BIOELECTROMAGNETICS 215 (1988) (finding that calcium efflux from brain tissue of chicks exposed to 60-Hz fields affected); C.F. Blackman et al., Effect of Ambient Levels of Power-Line-Frequency Electric Fields on a Developing Vertebrate, 9 BIOELECTROMAGNETICS 129 (1988) (finding calcium efflux affected in exposed brain tissue)). Return to text.

[258] See id. (citing C.I. Kowalczuk & R.D. Saunders, Dominant Lethal Studies in Male Mice after Exposure to a 50-Hz Electric Field, 11 BIOELECTROMAGNETICS 129 (1990) (reporting inability to detect exposure-related mutations in male mice exposed to 60-Hz electric fields)). Return to text.

[259] See id. at 84 (citing D.N. Rommereim et al., Reproduction, Growth, and Development of Rats During Chronic Exposure to Multiple Field Strength of 60-Hz Electric Fields, 14 FUNDAM. APPL. TOXICOL. 608 (1990) (finding no exposure-related reproductive effects at any of three field strengths: 10, 65, or 130 kV/m)). Return to text.

[260] See id. at 86 (citing M.R. Sikov et al., Developmental Studies of Hanford Miniature Swine Exposed to 60-Hz Electric Fields, 8 BIOELECTROMAGNETICS 229 (1987) (finding inconsistent results in that the first generation showed no differences, the second generation showed malformations, and the third generation showed no significant adverse effects; however, disease outbreak complicated interpretation of the results)). Note that in three follow-up studies on rats, no exposure-related effects were detected. See supra note 217. Return to text.

[261] See NRC REPORT, supra note 3, at 87 (citing G. Algers & J. Hultgren, Effects of Long-Term Exposure to a 400-kV 50-Hz Transmission Line on Etrousand Fertility in Cows, 5 PREV. VET. MED. 21 (1987) (detecting no changes)). Return to text.

[262] See id. at 87 (citing A. Martin, Development of Chicken Embryos Following Exposure to 60-Hz Magnetic Fields with Differing Waveforms, 13 BIOELECTROMAGNETICS 223 (1992) (detecting no effects)). Return to text.

[263] See id. at 88 (citing M.J. Wiley et al., The Effects of Continuous Exposure to 20 k-Hz Sawtooth Magnetic Fields on the Litters of CD-1 Mice, 46 TERATOLOGY 391 (1992) (detecting no effects in mice; study was designed to be relevant to video-display terminals)). Return to text.

[264] See id. at 89 (citing H. Huuskonen et al., Effects of Low-Frequency Magnetic Fields on Fetal Development in Rats, 14 BIOELECTROMAGNETCS 205 (1993) (finding no increase in malformation or resorption rates with increases in minor skeletal anomalies and in mean number of implants and living fetuses in 50 Hz)). Return to text.

[265] See id. at 73. Return to text.

[266] See NRC REPORT, supra note 3. Return to text.

[267] See id. at 90. Return to text.

[268] See id. at 90-91 (citing R. J. Weigel et al., Stimulation of Cutaneous Mechanoreceptors by 60-Hz Electric Fields, 8 BIOELECTROMAGNETICS 337 (1987) (finding that cat detected electric field; hair removal caused decrease in response; and oil application on skin caused a further decrease)). Return to text.

[269] See id. at 91-93 (finding no evidence of detection of magnetic fields except at very high field strengths). Return to text.

[270] See id. at 90 (citing S. Stern & V.G. Laties, Comparison of 60-Hz Electric Fields and Incandescent Light as Aversive Stimuli Controlling the Behavior of Rats, 10 BIOELECTROMAGNETICS 99 (1989) (finding that electric field produced no aversive effect); R.H. Lovely et al., Rats Are Not Aversive When Exposed to 60-Hz Magnetic Fields at 3.03 mT, 13 BIOELECTROMAGNETICS 351 (1992) (finding that magnetic field produced no aversive effect)). Return to text.

[271] See id. at 93. The NRC Committee noted that behavioral, chemical, and electrophysiological effects of long-term and short-term exposure to 60-Hz magnetic fields have been shown in the area of decrease in stable performance in dealing with reinforced behavior and decrease in induced-seizure duration. The NRC Committee speculated that these effects hypothetically could be associated with a decrease in opiate activity since some reports show that 60-Hz magnetic fields inhibit endogenous opiate activity. See id. at 93. Return to text.

[273] See NRC REPORT, supra note 3, at 95, 103. For example, the pineal gland produces melatonin and stress hormones such as pituitary adrenocorticotropin ("ACTH"), cortico sterone, cortisol, norepinephrine, and epinephrine are released from the adrenal medulla. Return to text.

[274] See id. at 95. Return to text.

[275] See id. Return to text.

[276] See id. at 95 (Fig. 4-1). Return to text.

[277] See id. Return to text.

[278] See id. Return to text.

[279] See id. at 95 (citing R.J. Reiter, Action Spectra, Dose-Response Relationships, and Temporal Aspects of Light's Effects on the Pineal Gland, 453 ANN. N.Y. ACAD. SCI. 215 (1985) (reporting that synthesis of melatonin controlled by exposure to electromagnetic wavelengths in visible light region); G.C. Brainard et al., Mechanisms in the Eye that Mediate the Biological and Therapeutic Effects of Light 29 & R.J. Reiter, The Mammalian Pineal Glands as an End Organ of the Visual System 145, in LIGHT AND BIOLOGICAL RHYTHMS IN MAN (L. Wetterberg ed., 1993) (reporting ultraviolet and infrared wavelengths alter pineal melatonin production)). Return to text.

[280] See id. at 96. Return to text.

[281] See id. at 96-99 (citing B.W. Wilson et al., Chronic Exposure to 60-Hz Electric Fields: Effects on Pineal Function in the Rat, 2 BIOELECTROMAGNETICS 371 (1981) (reporting a reduction in nighttime pineal melatonin in rats)). The NRC Committee noted that though early studies of the effect of electric fields were "somewhat convincing," the current evidence that electric fields significantly impair pineal gland melatonin production is not convincing. Return to text.

[282] See id. at 99-101 (citing S.M. Yellon, Acute 60 Hz Magnetic Field Exposure Effects on the Melatonin Rhythm in the Pineal Gland and Circulation of the Adult Djungarian Hamster, 16(3) J PINEAL. RES. 136 (1994) (reporting two out of three experiments on hamsters showed reduced and delayed pineal and blood melatonin; in one, no effect was shown)). Return to text.

[283] See id. at 101-02 (citing W. Rogers et al., Rapid Onset/Offset, Variably Scheduled 60-Hz Electric and Magnetic Field Exposure Reduces Nocturnal Serum Melatonin Concentration in Non-human Primates, 3 BIOELECTROMAGNETICS SUPPL. 119 (1995) (reporting baboons showed nighttime depressed melatonin)). Return to text.

[284] See id. at 102. Return to text.

[285] See id. (citing F.S. Prato et al., Effects of Exposure to Magnetic Resonance Imaging on Nocturnal Serum Melatonin and Other Hormone Levels in Adult Males: Preliminary Findings, 7 J. BIOELECTROMAGNETICS 169 (1988-89); J.S. Schiffman et al., Effect of MR Imaging on the Normal Human Pineal Body: Measurement of Plasma Melatonin Levels, 4 J. MAGN. RESON. IMAGING 7 (1994)). Return to text.

[286] Id. at 107. Return to text.

[287] See id. at 74. Return to text.

[288] See id. at 110 (citing C.T. Brighton et al., Evaluation of the Use of Constant Direct Current in the Treatment of Non-union 213, in ELECTRICAL PROPERTIES OF BONE AND CARTILAGE: EXPERIMENTAL EFFECTS AND CLINICAL APPLICATIONS (C.T. Brighton et al. eds., 1979) (reporting implanted DC electrodes can heal nonunion fractures and congenital bone defects)). Return to text.

[289] See NRC REPORT, supra note 3, at 110 (citing Z.B. Friedenberg et al., Healing of Nonunion of the Medial Malleolus by Means of Direct Current, 11 J. TRAUMA 883 (1971) (reporting a case involving one human)). Return to text.

[290] See id. at 108, 113 (citing R.A. Luben et al., Inhibition of Parathyroid hormone actions on Bone Cells in Culture by Induced Low Energy Electromagnetic Fields, 79 PROC. NATL. ACAD. SCI. USA 4180 (1982) (demonstrating that the osteoblast was desensitized when bone cells were exposed in vitro to pulsed electric and magnetic fields)). Return to text.

[291] See id. at 106. Return to text.

[292] See id. at 112. Return to text.

[293] See id. at 109. However no magnetic component has been reported. Return to text.

[294] See id. at 108. Return to text.

[295] See id. at 109 (citing C.T. Brighton & W.P. McCluskey, Cellular Response and Mechanisms of Action of Electrically Induced Osteogenesis, 4 BONE AND MINERAL RESEARCH 213 (W.A. Peck ed., 1986)). Return to text.

[296] See id. at 74. For magnetic fields below one gauss and electric fields lower than one mA/cm2, evidence of effects on bone is scarce. Return to text.

[297] See id. at 108. The effects on bone have been associated with magnetic fields of strengths from one to 150 G and for a current density from one to 100 mA/cm2 (current density is proportional to electric fields). Return to text.

[298] See NRC REPORT, supra note 3, at 245, 254. Table A4-5: Magnetic-Field Exposure and Neurobehavioral Effects, summarizes one study of humans conducted by Tucker and Schmitt in 1978. Table A4-11: Effects of Different Types of Electric-and Magnetic-Field Exposure on Melatonin Metabolism in Humans, summarizes three studies: Prato et al., 1988-89; Schiffman et al., 1994; and Wilson et al., 1990. Return to text.

[299] Id. at 118. Return to text.

[300] See Nancy Wertheimer & Edward Leeper, Electrical Wiring Configurations and Childhood Cancer, 109 AM. J. EPIDEMIOLOGY 273 (1979). Return to text.

[301] See NRC REPORT, supra note 3, at 117. Return to text.

[302] See id. The NRC Committee also considered the two areas of concern other than cancer: potential health effects of exposure to electric and magnetic fields related to reproduction and development, see id. at 181-85, and potential health effects related to neurobehavioral responses, see id. at 185-90. The NRC Committee concluded that "[t]here is no convincing evidence of an association between exposure to power-frequency electric and magnetic fields and reproductive or developmental effects" nor "of an adverse neurobehavioral effect in association with exposure to residential electric and magnetic fields." Id. at 199. Return to text.

[303] Id. at 119 (citing SMOKING AND HEALTH, PUB. NO. 1103, REPORT OF THE ADVISORY COMMITTEE TO THE SURGEON GENERAL OF THE U.S. (1964)). Return to text.

[304] See NRC REPORT, supra note 3, at 119 (emphasis added). Return to text.

[305] See id. at 119-20. Statistical processes produce variable results in a given study. Return to text.

[306] See id. at 121. Disease misclassification results from false negatives (disease present but not identified) and false positives (disease not present but identified as being present). Exposure misclassification occurs in many ways, such as when trying to classify exposure based on job titles. Misinformation of any type can distort the association between exposure and disease. Return to text.

[307] See id. at 122 (noting error in selecting the groups to be compared as one selection bias). Return to text.

[308] See id. at 122-23. An extraneous risk factor mixed with the exposure being studied can produce confounding results. For example, if the use of electric blankets by children is being studied and if children using electric blankets are those more likely to be in ill health and thus more likely to have more X-rays, and if exposure to X-rays caused an increased risk for leukemia and X-ray exposures were not accounted for in the study, then use of electric blankets would be blamed for increased risk of leukemia rather than the X-rays that were actually responsible for the increased risk. When an association between an exposure and a disease is affected by a third variable, effect modification occurs. For example, if parents' tobacco smoking initiates leukemia, but magnetic fields promoted the leukemia in its late stages, the relationship between magnetic fields and leukemia would be stronger among children whose parents smoked than among children of nonsmoking parents. The parental smoking is said to act as an effect modifier of the magnetic field exposure. Return to text.

[309] Id. at 124-25 (citing Bradford A. Hill, The Environment and Disease: Association or Causation?, 58 PROC. R. SOC. MED. 295 (1961)). These criteria were accompanied by caveats regarding their interpretation including one against using a checklist approach in relying on the criteria. Return to text.

[310] See NRC REPORT, supra note 3, at 127. Return to text.

[311] See id. at 2. Return to text.

[312] See id. Return to text.

[313] See id. Return to text.

[314] See id. Return to text.

[315] See id. at 287-89. Class 1 wiring includes high-voltage transmission lines, six or more wire distribution lines, or a thick wire single three-phase distribution circuit. Class 1 wiring within 50 feet of the home is further classified as Very High Current Configuration (VHCC) and as Ordinary High Current Configuration (OHCC) if the home is from 50 to 130 feet from the line. Class 2 wiring is a thin wire single circuit three phase distribution line and is classified as VHCC if within 25 feet of the home, OHCC if from 25 to 50 feet, and Ordinary Low Current Configuration (OLCC) if from 50 to 130 feet. Class 3 wiring configurations consist of first-span wires (secondary wires that are connected to the transformer on one end), and serve three or more homes. If within 50 feet of the home, it is classed as OHCC; if between 50 and 130 feet, then it is classed as OLCC. Class 4 wiring consists of second-span secondary wires serving 3 or more homes or first-span secondary wires serving one or two homes. If the homes are within 130 feet of the Class 4 wires, they are OLCC. Class 5 wiring are not attached directly to the transformer (end-pole configurations). They are secondary wiring, serve only one or two homes, and are classed as Very Low Current Configuration (VLCC). See id. Return to text.

[316] See WERTHEIMER & LEEPER, supra note 300, at 289. In this first Wertheimer and Leeper study, only two categories of wire codes were used: High Current Configuration (HCC) and Low Current Configuration (LCC). The division into the further classes described supra at note 315 occurred later in the 1982 Wertheimer and Leeper study. See NRC REPORT, supra note 3, at 263. Return to text.

[317] See OTA BACKGROUND PAPER, supra note 56, at 58. Return to text.

[318] See id. at 58; NRC REPORT, supra note 3, at 255. Return to text.

[319] See OTA BACKGROUND PAPER, supra note 56, at 58. Wertheimer and Leeper estimated the home's magnetic field from the wire code classification scheme developed from a series of measurements of magnetic fields. Return to text.

[320] See id. Return to text.

[321] See id. (citing R.S. Greenberg & J.L. Shuster, Epidemiology of Cancer in Children, 7 EPIDEMIOLOGIC REVIEWS 22 (1985)). Return to text.

[322] See id. Return to text.

[323] See id. (citing P. COLE, FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, AN EPIDEMIOLOGIC PERSPECTIVE ON ELECTROMAGNETIC FIELDS AND CANCER (1987); D.A. Savitz & E.E. Calle, Leukemia and Occupational Exposure to Electromagnetic Fields: Review of Epidemiologic Studies, 29 J. OCCUP. MED. 47 (1987)). Return to text.

[324] Blind studies are defined at supra note 230. Return to text.

[325] See J.P. Fulton et al., Electrical Wiring Configurations and Childhood Leukemia in Rhode Island, 111 AM. J. EPIDEMIOL. 292 (1980) (assessing the exposure by wire codes); A. Myers et al., Cartwright, Childhood Cancer and Overhead Power Lines: A Case-Control Study, 62 BR. J. CANCER 1008 (1990) (reporting a study in Yorkshire, England, that assessed exposure by distance from overhead lines and calculated fields); L. Tomenius, 50-Hz Electromagnetic Environment and the Incidence of Childhood Tumors in Stockholm County, 7 BIOELECTROMAGNETICS 191 (1986) (reporting a study in Stockholm County, Sweden, that assessed exposure using wire codes and spot field measurements); D. A. Savitz et al., Case-Control Study of Childhood Cancer and Exposure to 60-Hz Magnetic Fields, 128 AM. J. EPIDEMIOL. 21 (1988) (reporting a study of childhood cancer from 1976-1983 in Denver, Colorado, designed to be similar to the 1979 Wertheimer and Leeper study but without the weaknesses of that study, and which used wire codes and spot field measurements to assess exposure). See also OTA BACKGROUND PAPER, supra note 56, at 59; NRC REPORT, supra note 3, at 255-56. Return to text.

[326] See NRC REPORT, supra note 3, at 126. Return to text.

[327] See id. at 127. Return to text.

[328] Id. at 128-29. Applying this method, which is usually applied to clinical trial data where the specific populations examined are the major differences among the studies, to epidemiological studies is controversial because the differences to which it is applied are the characteristics of the study designs. Return to text.

[329] See id. at Appendix A, Table A5-1. Return to text.

[330] See id. at 129 (citing A. Ahlbom et al., Electromagnetic Fields and Childhood Cancer, 342(8882) LANCET 1295 (1993)). Return to text.

[331] See id. at 129 (citing COMMITTEE IN INTERAGENCY RADIATION RESEARCH AND POLICY COORDINATION, OAK RIDGE ASSOCIATED UNIVERSITIES, PUB. NO. 92/F8, HEALTH EFFECTS OF LOW FREQUENCY ELECTRIC AND MAGNETIC FIELDS (1992); H.G. PEACH ET AL., THE VICTORIAN GOVERNMENT, MELBOURNE AUSTRALIA, REPORT OF THE PANEL ON ELECTROMAGNETIC FIELDS AND HEALTH (1992); NATIONAL RADIOLOGICAL PROTECTION BOARD, 3 ELECTROMAGNETIC FIELDS AND THE RISK OF CANCER 1 (Chilton, Didcot, U.K.) (1992)). Return to text.

[332] Id. at 129. Return to text.

[333] See id. Return to text.

[334] See id. Return to text.

[335] See id. at 143. Return to text.

[336] See id. at 144. Return to text.

[337] See id. Return to text.

[338] See id. Return to text.

[339] See id. at 145-46. The NRC Committee noted that investigation of several possible risk factors failed to explain the association. Return to text.

[340] See id. at 146. For example, the measurements might better represent average strength of the fields, peak strength, variability of the field, or time longer than some specific threshold value. Return to text.

[341] See id. Return to text.

[342] Id. Return to text.

[343] Id. at 158. It is important to remember that epidemiological studies showing an association between wiring near residences and childhood leukemia or other cancer is not the same as showing that such wiring causes the cancer. Return to text.

[344] See id. at 175-76 (citing J.D. Jackson, Are the Stray 60-Hz Electromagnetic Fields Associated with the Distribution and Use of Electric Power a Significant Cause of Cancer?, 89 PROC. NATL. ACAD. SCI. USA 3508 (1992); COMMITTEE IN INTERAGENCY RADIATION RESEARCH AND POLICY COORDINATION, OAK RIDGE ASSOCIATED UNIVERSITIES, PUB. NO. 92/F8, HEALTH EFFECTS OF LOW FREQUENCY ELECTRIC AND MAGNETIC FIELDS (1992)). Studies have suggested that the fact that the consumption of residential electricity increased to the extent that per capita consumption is twenty times the rate it was fifty years ago while deaths from cancers, excluding respiratory cancer, did not increase but rather declined during that period, implies that magnetic fields could not cause cancer. The persuasiveness of this argument is affected by the knowledge that improvements in treatment and diagnosis of cancer make it difficult to infer anything about the relationship between electricity consumption and the decrease in deaths. Since the childhood leukemia incidence has remained stable while residential electricity consumption has doubled, increased consumption of electricity has not caused an increase in leukemia. However, what we do not know is the how electricity consumption relates to magnetic field exposure. Does an increase in consumption mean an increase in the exposure to magnetic fields? This relationship needs to be tested, but many difficulties are involved, such as how to measure the changes in exposure occurring during the years under consideration. Return to text.

[345] See NRC REPORT, supra note 3, at 3. Wire code ratings have been shown to correlate with factors such as age of home, housing density, and traffic density, though none of these have been identified as a likely cause of childhood leukemia. Return to text.

[346] See id. Return to text.

[347] See id. at 192. Return to text.

[348] See id. at 191. If the hazard identified is that of cigarette smoking being related to cancer, a quantitative estimate of the risk might be that one out of every seven "pack-a-day" smokers will contract lung cancer. Return to text.

[349] See id. at 192-93 (citing NATIONAL RESEARCH COUNCIL, RISK ASSESSMENT IN THE FEDERAL GOVERNMENT: MANAGING THE PROCESS (1983)). The goal of this stage is to predict all possible adverse health effects from an agent. Return to text.

[350] See id. at 193. This stage determines the amount of exposure to a hazardous agent that is harmful to public health. This is accomplished by applying a mathematical equation to the data to describe the relationship of increased risk of disease to amount of the agent. Return to text.

[351] See id. (estimating the amount of the hazardous agent that a typical person is likely to experience). Return to text.

[352] See id. (estimating the overall risk to human health). Return to text.

[353] See id. at 15, 193. Return to text.

[354] See id. at 15-16. Return to text.

[355] See id. Evidence might be given little weight if it includes inconsistent and conflicting results, weak effects, and non-replicated results. Conversely, consistent, replicated studies are given great weight, especially if a "biologically plausible" explanation for the supposed relationship exists. Return to text.

[356] See id. at 15. Return to text.

[357] See id. Return to text.

[358] See id. Return to text.

[359] See id. at 194. Some NRC Committee members thought risk assessment should not even be undertaken because they considered the data so inconclusive. Other members were concerned about misinterpretations of the quantitative prediction of risk. Return to text.

[360] See id. One of the NRC Committee's purposes was to present observations concerning the risk of exposure that would help people decide on actions that might need to be taken or help the government decide if policies need to be established. Return to text.

[361] Id. at 194-95. Return to text.

[362] Id. at 195. Return to text.

[363] Id. Return to text.

[364] See id. at 196. A finding of a dose-response relationship is a strong indicator of a real rather than an artificial result of an experiment. The important finding of no dose-response relationship helps explain the NRC Committee's overall assessment. Return to text.

[365] See id. Return to text.

[366] See id. Note again that wire codes, the surrogate for magnetic field exposure used in studies showing an association with childhood leukemia, have not been confirmed as an appropriate indirect measurement of magnetic fields. When studies have used fields that are measured directly no association has been established. Return to text.

[367] Id. at 197. Return to text.

[368] See id. If electric and magnetic fields had been shown to damage DNA, then a biologically plausible explanation would exist because cancer is associated with damaged DNA. Return to text.

[369] See id. at 197-99. The major health hazard considered was that of cancer. While the studies do not prove that residential electric and magnetic fields are carcinogenic, neither have they proved that the fields are not carcinogenic at some dose level, in combination with some other biologic agent, or for some sensitive populations of humans. The NRC Committee also concluded that no convincing evidence of health hazards exists in the areas of reproduction or development and neurobehavior. Return to text.

[370] See id. at 199 (providing a relative risk of 1.5 as an example). Return to text.

[371] See id. at 197-200. Return to text.

[372] See id. Return to text.

[373] See id. at 203-04. Return to text.

[374] See id. at 207-08. Return to text.

[375] See id. Research in the areas of plausible biophysical mechanisms, signal-transduction, and gene expression would also likely be productive. Return to text.

[376] See id. at 208. Return to text.

[377] But see Altoonian v. Atlantic City Electric Co., ELECTROMAGNETIC FIELD LITIG. REP. 7 (July 1996) (awarding judgment of $946,267 in damages for emotional distress caused by the presence of power cables, but refusing to find that EMF caused homeowner's cancer). After both parties appealed the Altoonian judgment, the parties reached an undisclosed settlement on the "non-EMF" issues. See Altoonian v. Atlantic City Electric Co., ELECTROMAGNETIC FIELD LITIG. REP. 3 (Nov. 1996). Return to text.

[378] See Walter Appling, Senior Engineer for Alabama Power Co., Address at the Institute of Electrical and Electronic Engineers (IEEE) (Feb. 4, 1994). Return to text.

[379] See id. Return to text.

[380] See Richard C. Reuben, Utility Power Plays, A.B.A. J. 18 (Dec. 1996) (identifying the difficulty in establishing a causal link between EMF and physical harm). Return to text.