Fluoride Action Network

Judge Issues Written Court Order Dismantling EPA Arguments; Mid-year Mini-fundraiser Begins Today

Fluoride Action Network | Bulletin | June 8, 2021

Judge Edward Chen has issued his written court order following the April 22nd hearing for our federal litigation against the US Environmental Protection Agency (EPA).  The Court awarded plaintiffs yet another big legal victory, granting our motion to amend our original 2016 petition to include the latest studies and a more detailed listing of plaintiffs.

This order is significant for several reasons: it strengthens our standing in the eyes of the Court, it shows the judge is committed to ensuring that all of the science is considered and remains the focus, and it sets a precedent for future environmental cases under the Toxic Substances Control Act (TSCA) by allowing petitioners to update and amend complaints to include the most up-to-date science during the trial, rather then restart the multi-year petition process over as the EPA attorneys wanted.

The court will continue to hold the trial in abeyance until the final National Toxicology Program’s monograph is published, as well as at least two additional studies expected to be published later this year.  Included will be a benchmark dose analysis (used for dose-response analyses to support chemical risk assessments and regulatory actions) on the Mexican and Canadian cohorts (Bashash, 20172018Green, 2019 and Till, 2020) showing that harm is caused at fluoride levels in drinking water much lower than 0.7ppm.  Once all of this new research is available to the court, the judge could potentially hold a second phase of the trial, allowing additional discovery and testimony only on this new evidence.  In fact, during the April 22nd status hearing the Judge said this was his preference, and in the court order it is written, “As this Court has indicated, the evolving science warrants reopening of expert discovery and trial evidence.”

The court order indicated that once the Judge has had the opportunity to see the new evidence and hear from both sides, the petitioners (FAN) will be able to re-submit our amended petition to the EPA for what will likely be one last opportunity for their reconsideration before a final ruling is made.

The next status hearing will be on August 26 at 10:30AM (Pacific US).


We Need Your Help!

The stakes are high, as our TSCA case could be our best chance to end fluoridation in the United States, leading to a domino-effect around the world.  While this ruling gave us another important legal victory (one of many, which is a good sign), it could potentially increase our expenses if the proposed “second phase” of the trial takes place.  Rather than scramble at the last minute to raise funds, with your help now we can make sure we have the funding necessary for our expert witnesses to prepare for additional depositions and testimony in court.  This last hurdle will be a critical moment for us since it will focus on a politicized NTP report and a game-changing benchmark dose analysis showing harm at very low levels.

It has taken more than 20 years of effort from FAN to bring us to this point. It took the development of our extensive website in the early days. It took the creation of our comprehensive health database (larger than any government had put together on fluoride’s toxicity). It took countless submissions to government agencies and the translation of many Chinese and other foreign language studies, and much more.  None of this could have happened without wonderful supporters like you. We have forged this precedent-setting path together.  Your continued support, contributions, advocacy work, and sharing of our cause and legal case has also played a critical role in making this happen, and we thank you.

It’s also important to note that our work together won’t end with the judge’s decision.  Whether we win or lose this trial, our important education efforts will have to continue to ensure the ruling influences public policy. To this end, we are in the middle of a major upgrade of our website in an effort to make our huge data-base more accessible and easier to use.  We are also constantly expanding our educational and advocacy work, targeting federal agencies, state legislatures, and countless local councils and electorates debating the issue.  As more science has been published showing harm from fluoridation, the dental lobby has doubled their lobbying efforts, and so must we.

These developments, along with our mini trial funding needs, is why today we are launching our semi-annual fundraiser.

If you are as excited as we are about the upcoming finale to the trial and the opportunity to have our website’s resources and tools at your fingertips like never before — both the culmination of over two decades of work — then please consider contributing directly to these efforts.  Please help us get to the finishing line of a world without fluoridation.

Our fundraising target is $50,000 from 500 donors.

We will be sending out about 3 bulletins per week updating you on our work, important advocacy campaigns, and updates on our fundraising progress.  You can also follow our fundraiser on our homepage and on social media.  Your contribution will directly support our landmark legal efforts, our critical website upgrade, and our unrelenting educational and advocacy work.

How to Make a Tax-Deductible Donation:

  • Online, using our secure server.
  • Or by Check, payable to the Fluoride Action Network. Mail your check to:

Fluoride Action Network
c/o Connett
104 Walnut Street
Binghamton NY 13905

*Please note that some corporations match tax deductible donations made by their employees to some non-profits. We qualify for this. This is the information to provide your corporate finance people, the parent body for FAN is the American Environmental Health Studies Project, Inc.

We greatly appreciate your continued support and efforts to end water fluoridation throughout the world.

Thank you,

Stuart Cooper
Campaign Director
Fluoride Action Network

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