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 GRANTING PLAINTIFF’S
v. MOTION TO LIFT THE STAY AND
TAKE CASE OUT OF ABEYANCE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Docket No. 306 11 Defendants. 12 13 Plaintiff Food & Water Watch, Inc. (“FWW”) filed suit against Defendant Environmental Protection Agency (“EPA”) after its administrative petition—requesting the initiation of rulemaking pursuant to the Toxic Substances Control Act, 15 U.S.C. §2620 (“TSCA”) to prohibit the addition of fluoridation chemicals to drinking water to protect the public from neurotoxic risks—was denied by the agency. After a bench trial, the Court stayed the case. FWW filed a motion to lift the stay and take the case out of abeyance. For the following reasons, the Court GRANTS FWW’s Motion to Lift Stay and Take the Case Out of Abeyance with limited post-trial discovery. I. BACKGROUND FWW…