Food and Water Watch et al. v. United States Environmental Protection Agency et al.


Due to the level of interest in this case, this web page has been created to notify attorneys, journalists and interested members of the public of important news and information about access to proceedings and to case information.

Notice re: Press and Public Access to Bench Trial Proceedings

At this time, the Court anticipates the following, which may change with any updated safety protocols:

  • The bench trial in this case will take place in Judge Chen’s courtroom (Courtroom 5, 17th Floor).
  • All courthouse visitors are required to follow the court’s safety protocols, including wearing a mask in all common areas of the courthouse and in the courtroom.
  • There will be live remote public access to the proceedings in this case via Zoom Videoconference.
  • Public seating in the courtroom is limited and will be first-come, first-served.
  • Spectators who anticipate needing to exit the courtroom before recesses, or taking notes on electronic devices, are asked to sit in the back rows of the gallery, near the courtroom doors.
  • Courtroom doors will open at 8:00 a.m. each morning of trial.
  • Any photography, audio recording, video recording, telephone calls, or live transmission of audio or video inside the courtroom is absolutely prohibited. Please note that photography, audio recording, and video recording is also prohibited in all common areas inside the courthouse.
  • Electronic devices will be permitted for note-taking or live text reporting.  Keyboards must be touchscreen/silent.

General Court Information

About This Case

This is an action brought against the United States EPA, among other Defendants, by Food and Water Watch, a non-governmental organization, and other Plaintiffs, regarding the health impacts of fluoridation of public drinking water.  Plaintiffs allege that fluoridation at levels occurring throughout the country presents an unreasonable risk of injury to health under the Toxic Substances Control Act (“TSCA”), 15 U.S.C. § 2620(b)(4)(B).  A bench trial took place in this matter in June 2020 and the case was held in abeyance thereafter; the Court is now conducting the second phase or “part two” of the trial.

Certain pretrial orders are available for download without charge below. All other documents may be viewed/downloaded via the PACER system. To sign up for email alerts when a new document is filed, you may open an account with this Court’s ECF system, then sign up for notices of electronic filing.

Upcoming Proceedings & Deadlines:
Date & TimeProceeding or DeadlineCourtroom (if applicable)


Admitted evidence will be available at

Selected Case Documents of Special Interest: