Lynn L. Bergeson Quoted in Bloomberg BNA Article “Fluoride Science on Trial in Case With Broader Chemical Impacts”

On January 30, 2024, comments by Lynn L. Bergeson were featured in Bloomberg BNA’s article on Food & Water Watch Inc. v. EPA.

The section of TSCA that authorizes citizens’ petitions, also says petitioners who later sue the EPA for denying their petition must be provided an opportunity for a “de novo” review by the court.

The court is authorized to review the entirety of the administrative record developed by the EPA and to allow new facts and information be introduced into evidence, which Chen chose to do, said Lynn Bergeson, managing partner of Bergeson & Campbell PC, which specializes in chemical laws and regulations.

[…]

Chen is in the position of making determinations much like judges may be invited to do if the US Supreme Court overrules the Chevron doctrine, Bergeson said. The Chevron doctrine directs courts in regulatory cases to defer to the agency’s reasonable interpretation. The top court is set to weigh in on the doctrine this year.

See – https://news.bloomberglaw.com/environment-and-energy/fluoride-science-on-trial-in-case-with-broader-chemical-impacts (subscription required)