A federal appeals court has vacated a landmark decision that found fluoridated drinking water poses an “unreasonable risk” to children’s health under the Toxic Substances Control Act (TSCA).
The decision by the 9th U.S. Circuit Court of Appeals did not challenge the substance of the lower court’s findings — that fluoride is toxic to children and ought to be regulated. Instead, the court based its decision on procedural issues related to the lower court’s handling of the litigation.
The case will now go back to the U.S. District Court for the Northern District of California, where District Judge Edward Chen will be required to exclude all scientific evidence that became available after 2020.
Michael Connett, attorney for the plaintiffs, told The Defender the court “instructed Judge Chen to travel back in time to 2020 and make this ruling based on a stale factual record.”
Connett said the directive to ignore years’ worth of evidence on fluoride’s dangers runs counter to the intent of the TSCA — which is to protect hundreds of millions of Americans from substances that are harmful to human health.
The federal appeals court ruling, handed down late Thursday, stemmed from a lawsuit against the U.S. Environmental Protection Agency (EPA) brought by consumer advocacy groups including Food & Water Watch, the Fluoride Action Network (FAN), and Moms Against Fluoridation.
The groups sued after the EPA refused to consider their 2016 citizens’ petition asking the agency to regulate fluoride.
After two bench trials, Chen ruled that fluoride at the federally recommended concentration of 0.7 milligrams/liter (mg/L) posed an “unreasonable risk” to children’s health and ordered the EPA to regulate it accordingly.
However, the 9th Circuit panel said the lower court violated the “party presentation principle” — a legal doctrine requiring courts to act as neutral arbiters rather than taking control of a case’s factual development.
Connett said the decision was “a very expansive and unprecedented application of the party presentation principle.” He said that to date, “this principle has really only been applied to situations where judges raise new legal issues, not where judges use procedural mechanisms to resolve the issues presented.”
Under the TSCA, if the EPA denies a citizen petition, petitioners have the right to sue the agency. The law is unique because it specifies that the court then evaluates whether the chemical in question presents an unreasonable risk to health or the environment in a “de novo” proceeding, during which it evaluates evidence presented by both sides and gives no deference to the agency.
Rather than ruling after the first trial in 2020, Chen put the trial on hold, pending the release of a multiyear government study into fluoride’s neurotoxic effects, so he could base his decision on all available evidence.
Once that study was released — despite government officials’ attempts to suppress it, which were revealed through Freedom of Information Act requests — the second trial continued and Chen issued his ruling in an 80-page decision detailing the evidence supporting his decision.
The appellate court didn’t comment on plaintiffs’ arguments that TSCA allows this type of judicial procedural discretion, nor did it engage the substance of Chen’s findings.
Instead, in an eight-page decision, the 9th Circuit panel affirmed the EPA’s argument that Chen improperly paused the case for more than a year to await that study, which was not yet available during the first trial. The court concluded that the judge effectively reshaped the evidentiary record, exceeding the proper judicial role.
FAN board member Rick North told The Defender the judgment is a disappointment.
“But this ruling only addresses a legal procedural question — not the science,” he said. “The science remains solid as a rock. As the original court decision asserted, fluoridation ‘poses an unreasonable risk of reduced IQ in children.’ The legal landscape has changed. The risk to pregnant women and their kids hasn’t.”
The judge extended the lawsuit so he could consider the latest, best science, North added. “The court of appeals saw this as judicial overreach. I think most people would see it as due diligence.”
The science that the ruling directs the lower court to ignore includes the National Toxicology Program’s monograph, also published in JAMA Pediatrics, linking fluoridated water and IQ loss in children, and findings from other gold-standard cohort studies.
After the trial concluded, the body of scientific evidence showing fluoride’s adverse impacts on children’s health at current levels in the U.S. has continued to grow.
In May 2024, a study in JAMA Open Network found children born to Los Angeles mothers exposed during pregnancy to fluoridated drinking water were more likely to have neurobehavioral problems.
The ruling is a procedural victory for the EPA. However, since the trial drew national attention to the extensive evidence of fluoride’s neurotoxic effects, communities and states across the country have stopped adding fluoride to their water.
Even the EPA itself — under a different law — has launched a new investigation into the safety of water fluoridation.
Bypass Big Tech Censors
Two Storms, One Harvest
Every food crisis in living memory has been a one-shock event. The 2008 price spike was a commodity bubble. The 2020 shortages were a logistics failure. The 2022 grain scare was a war on one exporter’s ports. Each time, the system bent, adjusted, and recovered, and each time the experts assured us afterward that global markets are simply too big and too diversified to fail.
What nobody in Washington seems eager to discuss is that 2026 is shaping up to be something the modern food system has never actually faced. Two independent shocks, one climatic and one geopolitical, are converging on the same harvest cycle at the same time. Not sequentially. Simultaneously.
Start with the weather. The Pacific Ocean is currently building toward what forecasters now openly call a record event. NOAA’s Climate Prediction Center puts the odds of at least a strong El Niño near 88 percent, with roughly two in three odds it reaches “very strong” status, the tier reserved for perhaps three or four events in the entire satellite era. Every major global model now projects a median peak in Super El Niño territory, and most of them project it exceeding the 2015-16 event, which until now held the modern record. Sea surface anomalies were already brushing the super threshold in mid-July, months before these events normally peak. The atmosphere has already shifted into El Niño mode, and the event is forecast to crest in late fall and early winter.
This is not about “climate change.” It’s about the standard cycles of weather, and the cycle we’re currently in is one that has likely devastated societies in the past. We’re better prepared as a society today, but not all Americans are equally prepared.
Serious households have started doing the quiet math on their own. Grocery bills tell part of the story, and the forecast maps tell the rest, which is why long-term food storage has moved from fringe hobby to mainstream line item in the family budget, with established suppliers like Heaven’s Harvest seeing demand from people who five years ago would have rolled their eyes at the idea. That instinct is not paranoia. It is pattern recognition, and the pattern is worth walking through carefully.
Editor’s Note: Heaven’s Harvest IS a sponsor, but the warnings of this article are real and would be written even if we didn’t have a survival food sponsor. With that said, those who take advantage of what they offer can use promo code “Patriot” for 15% off.
The Fertilizer Clock Is Already Running
While the Pacific warms, the second shock has been unfolding in the Strait of Hormuz. The conflict with Iran turned the world’s most important energy chokepoint into a contested waterway, and the consequences reach far beyond the gas pump. Roughly a third of global fertilizer trade moves through Hormuz, and the disruption sent urea prices up 86 percent year over year by March, with a 53 percent jump in a single month.
The World Bank projects energy prices rising about 24 percent in 2026 and fertilizer about 31 percent. By its own accounting, fertilizer prices ran 35 percent higher in the first five months of this year than the same period last year.
Here is the mechanism the nightly news will not explain. Fertilizer is not a grocery item. It is a time-delayed input. The nitrogen a farmer in Iowa or Punjab could not afford to apply this spring does not show up as a problem this spring. It shows up as a thinner harvest six to twelve months later.
The World Bank’s own food security brief concedes that the effects of reduced applications earlier this season “are likely to become visible only later in harvest outcomes.” Translate that from institutional language into plain English and it means this. The damage is already done, it is already in the ground, and we are simply waiting for it to arrive on the shelf.
Now check the calendar. Six to twelve months from the spring planting season lands us squarely in late 2026 and early 2027. Which is precisely when the strongest El Niño in the instrumental record is forecast to peak, bringing its signature droughts to Southeast Asia, Australia, southern Africa, northern Brazil, and South Asia, the very regions that grow the world’s rice, sugar, and oilseeds.
The World Bank warns openly that a strong El Niño “could disrupt multiple crop belts simultaneously” on top of the conflict-driven input costs. Their baseline projection assumes the Middle East disruptions ease by autumn. What in the last two years of Middle East history suggests that assumption is safe?
The System Has No Slack Left
The comfortable answer is that global markets always adjust. But adjustment requires slack, and the slack is gone. Global cereal production is expected to decline from last year’s records even before El Niño does its work. The UN World Food Programme, hardly a den of right-wing preppers, is calling this the most significant disruption to its supply chains since Covid and the invasion of Ukraine, and its supply chain director put the stakes bluntly.
Today’s supply chain challenges are tomorrow’s hunger crisis.
There is also a political dimension that markets cannot price. When food gets scarce, governments do not behave like economists. They behave like politicians. Export bans, hoarding mandates, and panic buying at the national level turned the modest rice shortfall of 2008 into a global crisis, and analysts are already warning that import-dependent nations are the first dominoes.
The 2015-16 Super El Niño, a far weaker event than what is now forecast, threw tens of millions into food stress across Africa and Asia. This one is projected to be stronger, and it arrives with fertilizer already rationed by price and shipping lanes already contested by missiles.
What Joseph Knew
Scripture does not treat preparation for lean years as faithlessness. It treats it as wisdom delivered in advance to those willing to act on it.
Behold, there come seven years of great plenty throughout all the land of Egypt: And there shall arise after them seven years of famine; and all the plenty shall be forgotten in the land of Egypt.
Joseph did not respond to that warning with a hashtag or a committee. He stored grain during the years of abundance, and when the famine came, Egypt stood while its neighbors begged. The lesson is not that famine is certain. It is that the time to prepare is precisely when preparation still looks optional.
Nobody who filled a pantry in a year of plenty has ever regretted it, and nobody standing in an empty aisle has ever been glad he waited for certainty.
None of this calls for panic, and panic is the enemy of sound judgment anyway. It calls for the same unglamorous prudence our grandparents considered ordinary. Keep some cash margin, know your local growers, and put real food in deep storage while it is cheap and available, because the entire arc of this story is that cheap and available is a closing window.
Families looking for a straightforward place to start can visit Heaven’s Harvest and use promo code Patriot for 15 percent off long-term storable food. The forecasts may yet soften, the strait may yet reopen, and we should pray they do. But hope is a fine thing to hold and a foolish thing to eat.