This week I had the pleasure of speaking with Michael Connett, Partner with Siri & Glimstad, LLP to discuss his epic litigation representing Food & Water Watch, a non-profit consumer organization that sued EPA over the fluoridation of drinking water. This issue has a long and complicated administrative and litigation history, and Michael and his firm are actively engaged in a groundbreaking federal litigation based on a judicial appeal of a denied Toxic Substances Control Act (TSCA) Section 21 citizen petition. Michael concluded a bench trial earlier this year in federal district court in the Northern District of California. The case is fascinating and much watched. We discuss the case, why TSCA citizen petitions in general are filed, Michael’s thoughts on how to prepare petitions to maximize their success (as most are denied), and other means of citizen engagement under TSCA.

Resources:

TSCA Section 21 Petition Trends Pre- and Post-Lautenberg 
https://www.lawbc.com/wp-content/uploads/00428537.pdf

TSCA Reform – Eight Years Later 
https://www.eli.org/events/tsca-reform-8-years-later