Environmental and public health groups are urging a federal judge to allow a broad de novo review when it hears arguments in their pending litigation challenging EPA’s denial of their Toxic Substances Control Act (TSCA) petition, pushing back against agency claims that any risk review is limited to data in the agency’s administrative record.
“EPA asks this Court for a sweeping order that would exempt this ‘civil action’ from Federal Rule of Civil Procedure 26(b) and deny Plaintiffs their right to discovery,” the plaintiffs argue in a Jan. 5 reply brief. “This request is not only incompatible with the plain meaning of [TSCA], but runs directly counter to Congress’s clearly expressed intent in the legislative history.”
The plaintiffs’ reply brief in Food & Water Watch Inc., et al, v. EPA, pushes back against agency efforts to limit the scope of any risk review the court may conduct to determine whether drinking water fluoridation presents human health risks that EPA must regulate…
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