Greg Clark Quoted in Inside TSCA Article on TSCA Citizen Petitions

Keller and Heckman Partner Greg Clark was quoted in the Inside TSCA article, “Decision In Fluoride Case Raises Questions For TSCA Citizen Petitions.” The article refers to Keller and Heckman’s October 16, 2024, TSCA 30/30 webinar, where Greg mentioned that the case Food & Water Watch (FWW), et al., v EPA “is particularly newsworthy for review of existing chemicals going forward.” Greg noted that this recent ruling by a federal district judge overturning EPA’s denial of a Toxic Substances Control Act (TSCA) petition seeking limits on drinking water fluoridation carries broad implications for TSCA citizen petitions.

The decision means “the chemical at issue in a Section 21 petition need not be found hazardous at the exposure level to establish that an unreasonable risk is present under TSCA,” Greg explained, calling that a “pretty significant holding.”

He also added that he “certainly [has] a lot of questions about the methodology” the court used to evaluate evidence. “There’s a question of whether EPA put forth the best arguments here that were available, or whether EPA even has the resources to be able to defend a denial of a petition if it’s essentially required to do a risk evaluation in the courthouse,” he said.

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