First time in its 43-year history citizens bring a suit to court
under the Toxic Substances Control Act (TSCA) provisions
On December 31, 2019, Edward M. Chen, U.S. District Judge, U.S. District Court for the Northern District of California, dismissed an EPA motion for summary judgement (MSJ) in the Toxic Substances Control Act (TSCA) Fluoride lawsuit.
This means the lawsuit will go forward. The trial has been rescheduled to begin Monday April 20 and will run for two weeks. Judge Chen delivered his ruling on New Year’s Eve. What a promising start to the New Year!
A Bloomberg article, written before Judge Chen ruled against the EPA’s request to dismiss the suit, explains the significance of our TSCA lawsuit. Excerpt:
The case is being watched in part for what it could portend for future efforts to regulate chemicals under the Toxic Substances Control Act, said Erik C. Baptist, a partner with Wiley Rein LLP.
If the case goes to trial and a court eventually concludes that adding fluoride to drinking water poses an unreasonable risk, the health advocates will say the EPA must prohibit that use of fluoride.
If that scenario plays out, other groups may see filing a petition with EPA requesting a new rule as a quicker way to get a chemical regulated or banned than the risk evaluation and risk management process laid out in the statute, said Baptist, former deputy assistant administrator for law and policy in the Office of Chemical Safety and Pollution Prevention. – “Federal Judge Asked to Let Fluoride-in-Water Case Go to Trial (1) ” Bloomberg Environment (11/15/2019)
Full article here:
VIDEO: Dec 31, 2019: Attorney Michael Connett gives an update on the TSCA Fluoride Lawsuit (running time 3:33)
This is the first time in its 43-year history that citizens have been able to successfully bring a suit to court under the Toxic Substances Control Act (TSCA) provisions. This is a huge moment for us, and for the environmental movement as a whole. Finally the EPA is going to be held accountable for its decades of neglect with respect to protecting citizens from the deliberate addition of a known toxic (neurotoxic) substance to the public drinking water. Finally, we get our day in court, with experts from both sides presenting under oath.
VIDEO: A brief explanation of FAN’s EPA petition. The screenshot shows FAN co-founder Paul Connett with William J. Hirzy, retired Senior Scientist for Risk Assessment at US EPA (1981-2004), just after delivering the petition to EPA, along with many boxes of documentation. http://www.cleanwatersonomamarin.org/get-the-facts/is-fluoridation-safe/fluoride-neurotoxicity/petition-to-epa/
Image source: http://fluoridealert.org/
“We are leaving no stone unturned. The court will hear the best evidence that’s available on this issue,” says Michael Connett, the pro bono attorney for the case.
*Original article online at https://www.sonomacountygazette.com/sonoma-county-news/toxic-substances-control-act-tsca-fluoride-lawsuit-update