EPA Argues to Overturn Order to Regulate Fluoride in Tap Water

The Environmental Protection Agency’s attorneys urged a federal appellate court at a Tuesday hearing to consider new evidence in its attempt to overturn a lower-court order that it regulate fluoride added to drinking water.

The government’s lawyers clashed with counsel for an environmental group over whether the US Court of Appeals for the Ninth Circuit should grant the agency judicial notice—accepting a presented fact without requiring further evidence—arguing a favorable judicial notice finding also undercut any recourse for relief sought by those who originally sued the EPA.

The agency contends a series of rulings made by the US District Court ...