Food & Water Watch, Inc. v. EPA

摘要

Plaintiffs are entitled to judicial review of their petition on the merits because they complied with the two minimal statutory requirements: they filed their petition with the Administrator, and they set forth the facts they believe justify a rule under Section 6(a) regulating the fluoridation of drinking water supplies. Plaintiffs were not required to address other uses of fluoridation chemicals in their petition to the EPA. Moreover, Plaintiffs sufficiently identified the chemical substances at issue in their petition and explained why they seek to regulate that category of substances. Whether they can meet their ultimate burden on the merits with respect to each chemical substance remains to be seen, but they are at least entitled to attempt to make that showing. Defendant's motion to dismiss is DENIED. This order disposes of Docket No. 28.