Fluoride Debate: EPA’s New Review vs. Court Order
USATue Feb 10 2026
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The U. S. Environmental Protection Agency has announced a new “accelerated review” of fluoride in drinking water. This move was welcomed by some who want to examine the science, but others say it ignores a 2024 court ruling that found fluoride harmful to children’s brain development.
The EPA released a document called “Fluoride Human Health Toxicity Assessment: Preliminary Assessment Plan and Literature Survey. ” It says the agency will look at how fluoride affects health and what levels are dangerous, especially for babies and kids. EPA Administrator Lee Zeldin said the goal is to keep water safe for everyone.
Health officials also noted that fluoride’s dental benefits mainly come from brushing, not drinking water. Yet the EPA says it will study fluoride under the Safe Drinking Water Act, not the Toxic Substances Control Act. This choice conflicts with Judge Edward Chen’s September 2024 decision, which said that the current fluoride level of 0. 7 mg/L puts children at risk of lower IQs. Chen ordered the EPA to act and create a rule to reduce that harm.
In January 2026, the EPA said it would review fluoride under the Safe Drinking Water Act because that law is meant to protect public health in water systems. The agency’s lawyers also filed a brief on the same day, saying they are still fighting the court’s ruling. They argue that the plaintiffs in the lawsuit do not have standing and that the judge overstepped his authority.
Plaintiff lawyers, including Michael Connett, say the EPA’s new review is not what the court asked for. The judge wanted an immediate rule to lower fluoride levels, not a two‑year study. Connett warned that waiting could keep people at risk for longer.
The EPA has continued to appeal the court’s order even after a change in presidential administration. Critics argue this prolongs legal battles and delays protection for pregnant women and children.
Those who want real change should stop the appeal and follow Judge Chen’s order. Implementing a new rule now would protect public health sooner than a lengthy review.
https://localnews.ai/article/fluoride-debate-epas-new-review-vs-court-order-1017edcb
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