ELR Citation: 54 ELR 20134
No(s). 17-cv-02162-EMC (N.D. Cal. Sep 24, 2024) (Chen, J.)

A district court held that fluoridation of water at 0.7 milligrams per liter (mg/L), the level presently considered “optimal” in the United States, posed an unreasonable risk of reduced IQ in children. Anti-fluoride groups and individuals had petitioned EPA under TSCA to regulate the fluoridation of drinking water supplies, arguing that ingestion of fluoride posed an unreasonable risk of neurotoxic harm to humans, particularly for infants and young children. EPA denied the petition, and plaintiffs sought judicial review of the Agency's denial. The court found plaintiffs met their burden in establishing, by a preponderance of the evidence, that community fluoridation at 0.7 mg/L presented an unreasonable risk of injury to health under TSCA and that EPA was obligated to take regulatory action. It ordered the Agency to initiate rulemaking pursuant to TSCA §6(a).