Having failed to end environmentalists’ suit challenging EPA’s denial of their petition to ban drinking water fluoridation, the agency is now seeking to limit the scope of the court’s review by arguing that any review should be based on the administrative record rather than the broader de novo review the plaintiffs are seeking.

How the court rules on the issue in the pending case, Food & Water Watch Inc., et al, v. EPA, could impact any future legal challenges to agency petition responses under the reformed Toxics Substances Control Act (TSCA) because a ruling for environmentalists in this case could open the door to plaintiffs choosing what scientific evidence courts review on chemicals’ risks…

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