EPA is poised to respond to environmentalists’ suit challenging the agency’s rejection of their petition seeking to ban the practice of fluoridating water under the Toxic Substances Control Act (TSCA), but the case could test EPA’s stance on which chemical uses it must consider in its risk analyses as it has taken a different position on the issue in recently issued TSCA rules.

The suit, Food & Water Watch Inc., et al, v. EPA filed in the U.S. District Court for the Northern District of California, challenges EPA’s decision last February to deny the group’s 2016 petition seeking a ban on fluoridation — a single use of a class of chemicals.

In its rejection notice, the agency said the petition – filed by Food and Water Watch (FWW), the Fluoride Action Network (FAN), and others – was at odds with TSCA’s mandate to review chemicals and address risks from all their uses…

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