Food & Water Watch, Inc. v. Environmental Protection Agency
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 FOOD & WATER WATCH, INC., et al., Case No. 17-cv-02162-EMC
Plaintiffs,
ORDER HOLDING PROCEEDINGS
v. IN ABEYANCE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., 11 Defendants. 12 13 As stated on the record at the August 6, 2020 status conference, the Court believes that there are serious questions regarding whether the named Plaintiffs in this case have standing. The evidence presented by Plaintiffs at trial focused overwhelmingly, if not exclusively, on the contention that fluoride poses a risk of neurodevelopmental harm. More specifically, the evidence at trial focused on whether fluoride poses a threat of neurotoxic harm during critical developmental periods, such as the gestational and neonatal periods (and specifically to bottle-fed infants). By way of example, all of the studies arising out of the MIREC/ELEMENT birth cohorts pertained to neurodevelopmental findings. See, e.g. Declaration of Dr. Howard Hu ¶ 13, Docket No. 198-1…