Herb Estreicher Quoted in article, "Citizen Petitions Under TSCA Could Grow After Fluoride Trial"


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Keller and Heckman Partner Herb Estreicher, Ph.D. was quoted in the article, “Citizen Petitions Under TSCA Could Grow After Fluoride Trial.” The article discusses a federal trial underway in California that could set a new standard for how courts handle citizen petitions under TSCA and provide advocacy groups a judicial pathway to seek regulatory action on chemicals of concern.

At issue in the trial is the Environmental Protection Agency’s (EPA) 2017 decision to deny a petition, filed by a group of medical academies and environmental organizations, to force the EPA to use section 6 of TSCA to prohibit the addition of fluoride to drinking water.

Dr. Estreicher noted that this trial is the first time there is a de novo proceeding to review the evidence to determine whether EPA must regulate a chemical substance under TSCA section 6(a). The case puts the judge, rather than the EPA, in a position to weigh the evidence and decide whether a chemical presents an unreasonable risk, which Dr. Estreicher said was "remarkable."

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