TSCA Fluoridation Lawsuit Update

Update on the TSCA Fluoridation Lawsuit

In October 2019 the Fluoride Action Network (and several other plaintiffs) submitted a motion asking the Court for a summary judgement against EPA.  At the same time EPA filed a motion to dismiss the TSCA fluoridation lawsuit based on “standing and merit.”    Hearings were held in November and on December 30, 2019 the judge dismissed both motions.  The start date for the trial had been early February 2020.  Current information now indicates that the trial is scheduled to begin April 20, 2020.

Background

On November 23, 2016 a petition was filed under the federal Toxic Substances Control Act (TSCA) requesting that EPA prohibit the addition of fluoridation chemicals to US water supplies.  The stated objective of the petition was to “protect the public and susceptible subpopulations from the neurotoxic risks of fluoride by banning the addition of fluoridation chemicals to water.’’  The petition was submitted by the following organizations:  Fluoride Action Network, Food & Water Watch, Organic Consumers Association, the American Academy of Environmental Medicine, the International Academy of Oral Medicine and Toxicology, and several individuals.  In a decision published February 27, 2017 EPA denied the petition.  EPA concluded that the “petition has not set forth a scientifically defensible basis to conclude that any persons have suffered neurotoxic harm as a result of exposure to fluoride in the U.S. through the purposeful addition of fluoridation chemicals to drinking water or otherwise from fluoride exposure in the U.S.”  In April 2017 the petitioners filed a lawsuit in a California District Court.  Over the past two plus years there have been a series of motions and rulings by the Court.

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About Dan Askenaizer

Dr. Askenaizer leads WQTS’ work on regulatory compliance support for many of our water agencies clients. Dr. Askenaizer tracks water quality and treatment regulations at the Federal and State levels and provides regulatory updates to our clients. Dr. Askenaizer has strong expertise in the development of Regulatory Monitoring and Compliance Plans (RMCPs), which he has completed for a number of water agencies. He has also been working on a number of projects dealing with the development of distribution system monitoring plans and review of nitrification control strategies. Prior to joining WQTS, Dr. Askenaizer was the Water Quality Manager for the Glendale Water and Power. Under his leadership, the Water Quality Group conducted a demonstration-scale study of chlorite for nitrification control and a pilot-scale study of biological treatment for removal of nitrate. Dan has 30 years of experience working on projects dealing with regulatory, water quality and public health issues. Dan has given numerous presentations at workshops and round-tables across the country for water utilities. Dan was instrumental in developing and implementing a Mentoring Program for water staff and was involved in a Sustainable Development team.