TSCA Plaintiffs Overcome Early Hurdles But Face Judge’s Skepticism

Plaintiffs challenging EPA’s denial of a Toxic Substances Control Act (TSCA) citizen petition seeking to ban drinking water fluoridation may have overcome an initial EPA motion to end the case but the judge’s recent ruling allowing the landmark suit to proceed highlights the court’s skepticism on key issues to address in the future, attorneys say. For example, Erik Baptist, a former deputy assistant administrator in EPA’s toxics official who is now a lawyer at Wiley Rein, LLP, notes that the...