As the Environmental Protection Agency (EPA) continues to implement the Toxic Substances Control Act (TSCA), a new court ruling continues to demonstrate the dangers of a law that has the ability to effectively ban the safe production and use of chemicals needed for everyday life.
Last month, a federal judge ordered the EPA “to further regulate fluoride in drinking water because high levels could pose a risk to the intellectual development of children.” The landmark decision marked “the first time a judge has decided if a chemical poses an unreasonable risk after EPA rejected a petition asking the agency to do the same thing — a new citizen privilege under the 2016 amendments to the Toxic Substances Control Act.”
As a result of this little-known citizen privilege amendment added to TSCA back in 2016, anti-fluoride activists are now finding success in unraveling a longstanding public health practice.
The Centers for Disease Control and Prevention (CDC) clearly states that community water fluoridation is “a cornerstone strategy for prevention of cavities in the U.S. It is a practical, cost-effective, and equitable way for communities to improve their residents’ oral health regardless of age, education, or income.” In addition, the Associated Press called fluoride “one of the greatest public health achievements of the last century.” The medical and public health community have expressed dissent over the ruling, with both the American Dental Association and the American Academy of Pediatrics reiterating their support for water fluoridation.
Environmental law experts have also raised concerns about TSCA’s citizen privilege amendment. Sanne Knudsen, a professor of environmental law at the University of Washington, said, “You are really asking a judge to step into the shoes of a scientist.” The result of this decision opens the door to bad legal precedent, as more chemicals may come under scrutiny and overregulation from any citizen group that raises concerns.
The Biden administration’s EPA already has a history of imposing heavy-handed and costly regulations, while harming important US industries and even national security. TSCA already threatens the very existence of domestic chemical manufacturers, but TSCA’s citizen privilege amendment has the ability to upend all facets of life, including how we grow our economy, power our future, and strengthen public health.