Legal Opinion

Food & Water Watch, Inc. v. U.S. Envtl. Prot. Agency

District Court, N.D. California

Decided February 7, 2018No. Case No. 17–cv–02162–EMCPublished

1Opinion of the Court

EDWARD M. CHEN, United States District Judge

This is an action under Section 21 of the Toxic Substances Control Act ("TSCA"), codified at 15 U.S.C. § 2620, challenging Defendant Environmental Protection Agency ("EPA")'s denial of Plaintiffs' petition to regulate the fluoridation of drinking water supplies. The EPA moves for a protective order limiting the scope of review in this litigation to the administrative record,1 a request that would effectively foreclose Plaintiffs from introducing any evidence in this litigation that was not attached to their administrative petition. The text of the…

2Cases cited25 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002
  3. Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
  4. Max W. Perry v. Simplicity Engineering, a Division of Lukens General Industries, Inc., a Delaware CorporationCourt of Appeals for the Sixth Circuit · 1990
  5. Los Angeles Lakers, Inc. v. Federal Insurance Co.Court of Appeals for the Ninth Circuit · 2017

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