Environmentalists are urging a federal court to allow their suit against EPA over its denial of their petition to ban drinking water fluoridation to continue, arguing among other things that the agency’s changes to the final framework rules implementing the 2016 statutory reform of the Toxic Substances Control Act (TSCA) bolster their case.
In an Oct. 25 reply motion, the groups argued, among other things, that the agency’s requirement that the petitioners identify all conditions of use before it would accept a petition is at odds with the statute as well as EPA’s recent interpretation in the framework rules that the agency has discretion to narrow the conditions of use it will consider when assessing chemicals’ risks.
And, they added, since EPA’s stance has not been subject to administrative proceedings, the agency should not be granted deference…
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