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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...

On December 21, 2017, the U.S. District Court for the Northern District of California ruled that the U.S. Environmental Protection Agency (EPA) had wrongly dismissed a Toxic Substances Control Act (TSCA) Section 21 petition submitted by Food & Water Watch, Inc. and other citizens seeking the regulation of fluoridation of drinking water supplies under TSCA Section 6(a) on grounds that the ingestion of fluoride poses an unreasonable risk to humans.  Food & Water Watch, Inc. v....

On February 27, 2017, the U.S. Environmental Protection Agency (EPA) announced in a Federal Register notice that it was denying a Toxic Substances Control Act (TSCA) Section 21 petition that requested regulatory action under Section 6 to “prohibit the purposeful addition of fluoridation chemicals to U.S. water supplies,” and that it was making available its response to the petition.  82 Fed. Reg. 11878.  The petition was received by EPA on November 23, 2016, and EPA had...