The US Court of Appeals for the Ninth Circuit gave the EPA a deadline of mid-January of 2025 to decide if they planned to appeal the ruling. On January 17th, several days before the appeal deadline and only three days before a new EPA administrator and presidential administration entered office, the EPA filed a Notice of Intent to Appeal.
After being granted four separate extensions of the deadline to submit an opening brief, the EPA finally filed their appeal in July. In its brief, EPA did not challenge the science or the merits of the court’s determination that fluoridation poses an unreasonable risk. Instead, EPA focused on procedural issues, including their view that the court should have ignored a series of groundbreaking new studies on fluoride and IQ, including one by the federal government’s own National Toxicology Program (NTP). EPA argued that the court should have ignored this new data because EPA did not have it in its possession when the agency denied our request to take action back in 2017.