Greg Clark Quoted in Inside TSCA Article on Implications of Decision in Fluoride Case

Keller and Heckman Partner Greg Clark was quoted in the Inside TSCA article, “EPA Appeals Novel Court Order To Regulate Water Fluoridation Under TSCA.” The article discusses how a federal district judge’s landmark ruling in Food & Water Watch (FWW), et al., v EPA carries implications for the U.S. Environmental Protection Agency’s (EPA) future Toxic Substances Control Act (TSCA) decision-making. Referring to Keller and Heckman’s October 16, 2024, TSCA 30/30 webinar, the article mentions how Greg noted to listeners that the fluoride case “is particularly newsworthy for review of existing chemicals going forward” because the court “essentially [set] up a little mini-EPA in the courtroom, where it went through all of the different aspects of risk evaluation. It relied [on] and elevated very much EPA guidelines and policies” on neurotoxicity evaluations in the trial, he said.

Greg added that the federal district judge also followed what he called EPA’s “low evidentiary standard” for the Trump-era risk evaluation of another chemical, methylene chloride, to “essentially [provide] the court carte blanche in its review of the risk evidence [on fluoride] to rely on . . . a shallow pool of evidence.”

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