The recent federal court ruling allowing environmentalists to sue EPA for rejecting their petition seeking Toxic Substances Control Act (TSCA) rules on fluoridation could open the door to new citizen petitions to the agency under section 21 of the law seeking rules on other substances.
… Late last month, Judge Edward Chen of the U.S. District Court for the Northern District of California denied EPA’s request to dismiss Food & Water Watch Inc., et al, v. EPA, the suit challenging it’s petition’s denial.
Chen ruled that the new TSCA law allows citizens to petition EPA under TSCA section 21 to regulate single uses of substances, a stance at odds with the agency’s position in this case that petitioners must address all uses of a substance when bringing a petition to the agency.
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