Principal Mark Duvall (Washington, DC) recently spoke with E&E News on fluoride in drinking water in “Pipe dream? RFK Jr.’s fluoride push could take years.” The article discusses U.S. Department of Health and Human Services (HHS) Secretary Nominee Robert F. Kennedy Jr.’s announcement that President Trump would sign an executive order in January advising all water utilities to remove fluoride from drinking water.

Mark explained that “HHS makes recommendations about fluoride, but that’s all.” He added that as secretary of HHS, Kennedy “would have no ability to direct people to take particular actions other than in an advisory manner.”

Mark noted that EPA, which has the ability to mandate changes to drinking water, could refer this issue to the Office of Water to enable changes to the maximum contaminant level, but said that process could take “at least a couple of years.”

B&D's robust Chemicals practice help companies and trade associations navigate the increasing regulation of emerging contaminants, including PFAS. Members of our Water practice group develop creative, strategically tailored solutions to challenges that arise under the nation’s water laws. Our lawyers frequently assist clients in commenting on, and bringing administrative challenges to, EPA rulemakings.