EPA's Motion to Dismiss TSCA Fluoride Case Denied. from FAN

december 22, 2017  

Yesterday afternoon, we received this exciting message from FAN’s Legal Advisor, Michael Connett, JD:

“Judge just handed down his ruling -- he has denied EPA's motion to dismiss!”

A federal judge has ruled in our favor, to allow our lawsuit against the EPA to continue to move forward.  This ruling was picked up by a prominent law website, which in turn has been picked up by Reuters.  So the news is out: WE ARE WINNING. The next phase will be discovery.  

We plan to release a video interview with attorney Michael Connett about the lawsuit and yesterday's decision.  The interview was filmed last night in San Francisco.  This interview, along with our growing fundraising total will be published on the revolving banners on our homepage: www.fluoridealert.org  We will also provide a full analysis from Michael early next week; likely on Tuesday.

Fundraising Update

We have reached $73,383 from 303 donors as of 8 am today - en route to our mini goal of $100,000 by midnight Christmas Eve.

Yesterday's exciting news has unleashed a number of new challenges - we will receive $2000 when we reach 400 donors.  We will receive a further $2000 when we reach $80,000 and $5000 when we reach $95,000. We are really on our way to VICTORY in 2018.
Our 300th donor (who won a copy of The Zero Waste Solution...) was James Swisher from Williamsport, PA. In a phone interview last night he told me he got involved when his granddaughter developed dental fluorosis about 11 years ago. He used our website to find out more and has read The Case Against Fluoride. He has been a regular supporter ever since. Thank you James. Our 400th donor will also win a signed copy of one of my (our) books.

How to Donate:  You can make a donation at our secure online server, or by check, payable to Fluoride Action Network, and mail to:  FAN c/o Connett 104 Walnut Street Binghamton, New York 13905

Timeline of Lawsuit Against the Environmental Protection Agency (EPA):

Below is a complete timeline of events leading up to yesterdays big win. If you have difficulty viewing the table below, click here to view it on our website.

November 23, 2016	Fluoride Action Network (FAN), together with a coalition of environmental, medical and health groups, collectively known as the “Petitioners” see * below, served the EPA with a Petition calling on the Agency to ban the addition of fluoridation chemicals to public water supplies due to the risks these chemicals pose to the brain. The Petition was submitted under Section 21 of the Toxic Substances Control Act (TSCA) because it authorizes EPA to prohibit the “particular use” of a chemical that presents an unreasonable risk to the general public or susceptible subpopulations. TSCA also gives EPA the authority to prohibit drinking water additives.
February 27, 2017	EPA denied the TSCA Section 21 Petition. Read their reasons here. In their decision the EPA claimed, “The petition has not set forth a scientifically defensible basis to conclude that any persons have suffered neurotoxic harm as a result of exposure to fluoride in the U.S. through the purposeful addition of fluoridation chemicals to drinking water or otherwise from fluoride exposure in the U.S.”
April 18, 2017	FAN et al.’s response to EPA’s rejection of Petition.
September 25, 2017	Motion to Dismiss FAN et al. Petition by the Department of Justice, on behalf of the EPA.
October 25, 2017	FAN et al. response to EPA’s rejection of Petition.
October 25, 2017	Amicus Curiae Brief of the Natural Resources Defense Council and Safer Chemicals, Healthy Families in Support of Neither Party. Their brief against EPA’s basis to dismiss our section 21 Petition that FAN et al. “must evaluate all of a chemical’s conditions of use”
November 30, 2017	Hearing with arguments from both parties. Michael Connett, JD, put forward the arguments of why EPA’s Motion to Dismiss should be denied.
December 21, 2017	Court rules in our favor and denies EPA's Motion to Dismiss.
* The Petitioners: Fluoride Action Network, American Academy of Environmental Medicine, Food & Water Watch, International Academy of Oral Medicine and Toxicology, Moms Against Fluoridation, Organic Consumers Association, and various individuals.

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