Central Alabama Water Urges Judge Bolling to Dismiss Birmingham Fluoride Lawsuit
Case Summary
Central Alabama Water (CAW) has filed a motion urging a Jefferson County judge to dismiss a lawsuit brought by the city of Birmingham concerning the fluoridation of the water supply. CAW argues that it has complied with Alabama’s state law requirements by providing proper notice to the state health officer on March 12 to resume fluoridation. According to CAW, this compliance means there is no legal basis for the court to order further action or to compel a rapid reinstatement of fluoride in the water system. Additionally, CAW contends that Birmingham has failed to present any engineering evidence demonstrating the feasibility of quickly restoring fluoride throughout the entire water system. CAW’s position is that the statute only requires resumption of fluoridation after proper notice, and since that condition has been met, the court should dismiss the case as there is no ongoing violation to enjoin.
Key Issues
- • Compliance with state fluoridation notice requirements
- • Interpretation of statutory obligations for water fluoridation
- • Judicial authority to order expedited reinstatement of fluoridation
- • Evidentiary standards for feasibility of water system modifications
- • Scope of injunctive relief in public utility disputes
Case Timeline
1 eventCentral Alabama Water says it has met fluoride law , urges judge to end Birmingham case
Central Alabama Water says it has met fluoride law, urges judge to end Birmingham case CAW’s new court filing argues it already satisfied Alabama’s notice requirement and can’t be ordered to restart fluoridation quickly BIRMINGHAM, Ala. (WBRC) - Central Alabama Water (CAW) is asking a Jefferson County judge to shut down Birmingham’s fluoride lawsuit, saying it has already met the state’s legal requirements and cannot be forced to quickly restart fluoridation across its system. In a response to the city’s new legal arguments filed Sunday, CAW told Circuit Judge Frederic Bolling the state fluoridation law required the utility only to resume fluoride “until proper notice is provided” to the state health officer and that notice went in March 12. CAW’s lawyers say that means the statute is now satisfied and “there is nothing left for this Court to enjoin.” CAW also says Birmingham has offered no engineering evidence to show it’s actually possible to do what the city is asking: get fluoride back in the water systemwide on a short timeline.