Government lawyers attempted to sway a panel of perplexed circuit court judges to overrule a landmark lower court decision that said federally recommended fluoride levels in drinking water cause “unreasonable risk” to children’s brain development.
During oral arguments before the 9th U.S. Circuit Court of Appeals, Robert Stander, a Justice Department attorney appearing on behalf of EPA, didn’t challenge the science behind the September 2024 ruling. Stander argued instead that the U.S. District Court for the Northern District of California judge, Edward Chen, erred by allowing new scientific studies be introduced at all.
The 2024 decision sent shockwaves as one of the rare instances of a judge ruling against agency science, and it just so happened to be brought under a yet-to-be tested provision under the Toxic Substances Control Act, which Congress overhauled in 2016. It also caught the attention of Health Secretary Robert F. Kennedy Jr., who elevated fluoride as a key issue part of his agenda to “Make America Healthy Again.”
“EPA was very much doing its job, it’s just that the evidence didn’t even exist at the time EPA denied the petition,” Stander said. “This statute isn’t designed for this circumstance.”
