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January 4, 2018

TSCAblog™ Post Quoted in “Fluoride Case Ruling May Open Door To More TSCA Petitions, Attorneys Say”

Bergeson & Campbell, P.C.

On January 4, 2018, the TSCAblog™ post “In Case of First Impression, Court Rules EPA Wrongly Dismissed Citizen Group’s TSCA Section 21 Petition” was quoted by Inside EPA in an article discussing the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) Section 21 ruling on flouride. 

The law firm Bergeson & Campbell describes the ruling as a “fairly scathing rebuke of EPA’s legal positions,” in a Dec. 22 blog post, adding that it “essentially rejected EPA’s interpretation that a citizen petition must evaluate all conditions of use of a chemical substance in a TSCA Section 6(b) risk evaluation.”

The blog also notes “interesting issues” the ruling raises for the environmentalists’ challenges to the TSCA framework rules. Those suits “challenge EPA’s view that fewer than all conditions of use must be considered in a risk evaluation, the very position the court in Food & Water Watch rejected for purposes of Section 21 petitions challenging EPA’s interpretation of a citizen’s legal burden under TSCA Section 6(a). Given that the judicial challenge to the risk evaluation final rule is being heard in the U.S. Court of Appeals for the Ninth Circuit, this district court decision is particularly relevant.”

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