Excerpt from Inside EPA: A federal judge has denied EPA’s request to limit the scope of environmentalists’ lawsuit over the agency’s denial of their petition seeking to ban the practice of treating drinking water with fluoride, opening the door to the plaintiffs offering a broad range of evidence to bolster their case rather than relying on information in EPA’s record…
*A subcription is necessary to read the full article at https://insideepa.com/daily-news/another-tsca-defeat-epa-loses-bid-limit-scope-fluoride-suit
NOTE FROM FAN:
The judge ruled: “The EPA moves for a protective order limiting the scope of review in this litigation to the administrative record1, a request that would effectively foreclose Plaintiffs from introducing any evidence in this litigation that was not attached to their administrative petition. The text of the TSCA, its structure, its purpose, and the legislative history make clear that Congress did not intend to impose such a limitation in judicial review of Section 21 citizen petitions. The Court therefore DENIES the EPA’s motion.”
Read the decision: Denying Defendant’s (EPA) Motion to Limit Review to the Administrative Record
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