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

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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