Fluoride Action Network

Judge denies latest EPA effort to dismiss TSCA fluoride suit

Source: Inside EPA | January 13th, 2021

Excerpt:

A federal judge has once again denied EPA’s efforts to dismiss landmark TSCA litigation seeking to force the agency to regulate drinking water fluoridation, but the same ruling also says that the agency will be allowed to challenge any effort by the plaintiffs to amend the suit to bolster their legal standing.

The Jan. 13 order by Judge Edward Chen, of the U.S. District Court for the Northern District of California, preserves the suit but keeps it in abeyance pending a final decision from EPA on the plaintiffs’ renewed petition urging it to take administrative action on fluoride — a step Chen mandated after a 2020 trial in the case, known as Food & Water Watch, Inc (FWW)., et al., v. EPA.

Rather than holding that the plaintiffs definitively have standing to bring their case, Chen writes that EPA’s motion to dismiss was premature and procedurally improper, in part because the agency is asking him to reconsider his abeyance order despite that order not being “final” and thus subject to reconsideration…


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