Birmingham files new court brief demanding Central Alabama Water restore fluoride, citing public health risk

Birmingham Fluoride Lawsuit News

Birmingham files new court brief demanding Central Alabama Water restore fluoride, citing public health risk
Central Alabama Water FluorideWBRCWBRC 6

The city of Birmingham filed a new set of arguments in court Sunday, asking a Jefferson County judge to order Central Alabama Water (CAW) to immediately start adding fluoride back at all four of its treatment plants and to block the utility from removing it again in the future, saying the move has created a public‑health problem for tens of...

) - The city of Birmingham filed a new set of arguments in court Sunday, asking a Jefferson County judge to order Central Alabama Water to immediately start adding fluoride back at all four of its treatment plants, and to block the utility from removing it again in the future, saying the move has created a public‑health problem for tens of thousands of people.

The city wants Circuit Judge Frederic Bolling to formally declare the utility in violation of the statute and to label the permanent removal of fluoride a public nuisance that the court should stop. dissolve a temporary restraining order that would have forced the utility to start the process of putting fluoride back into the water The judge said he believes the utility did not give proper notice to the state health officer before deciding to end fluoridation, but also said there is no practical way to make the utility restart fluoride before the current 90‑day notice window runs out in June. He told the parties his and the state’s influence over the issue likely ends at that point.

CAW, the state’s largest water system, is currently not adding fluoride anywhere in its system and has told regulators it intends to make that permanent. At the April 2 hearing, utility lawyers provided engineering estimates saying it would take at least 315 days and almost $4 million to repair and replace equipment needed to resume fluoridation. They argued it is essentially impossible to comply with any short‑term order to restart fluoride because of the age and condition of the equipment. Birmingham’s new filing pushes back on that. The city says the fluoridation law doesn’t contain any exception for utilities that let their equipment fail and argues the utility shouldn’t be able to benefit from problems it created. The city also notes that the cost and timing estimates were presented through attorneys and documents at the hearing, not through sworn witnesses.

Affidavits from two retired Water Works managers say Central Alabama Water’s current chief executive officer, Jeff Thompson, and chief operating officer, Tim Harris, were part of the Birmingham Water Works management team from 2019 through 2023 and were responsible for operations and maintenance at all four plants, including the fluoride systems. One says that if the fluoride equipment at the Carson, Putnam and Western plants fell into disrepair after 2022, “it was because Jeff Thompson and Tim Harris did not make sure that necessary repairs and maintenance were actually performed so fluoride was put in our water.” The city points to the utility’s more than $130 million operations and maintenance budget in 2024 and argues the money was there to keep the systems working. CAW has previously told the court and the public that fluoridation stopped at three plants in 2023 and 2024 when equipment broke, and that those were treated as temporary outages while new systems were designed.

In a March 20 news release, the utility announced it was “no longer adding fluoride” to drinking water and said its board had voted to permanently discontinue fluoridation after weighing costs, operational issues and the availability of other fluoride sources like toothpaste and dental treatments. The city’s brief argues those shutdowns were, in reality, long‑term decisions made years ago, and that state law required 90 days’ notice before fluoride was removed, not after. City attorneys are asking Bolling to go beyond the 90‑day notice question and treat the end of fluoridation as a public nuisance that harms community health, especially for children, seniors and low‑income residents who rely on tap water for dental protection.

CAW has maintained that it is following state law, which does not require fluoride in drinking water, but does require notice before a system permanently stops using it. At the April 2 hearing, the utility argued that once the June notice period ends, state regulators, and the court, have no authority to force fluoridation. Bolling appeared to agree that lawmakers left the final decision to local water systems, but he gave the city 10 days to add more evidence to the record before he issues a written order. Birmingham used that time to file Friday’s brief, asking for a permanent injunction that would require fluoridation at all four plants and prevent Central Alabama Water from removing it in the future. Bolling has not yet entered his final order; when he does, it will decide whether the state’s largest water system must restore fluoride or can move forward with its plan to end fluoridation by early summer. You can catch up on all of WBRC’s coverage on Birmingham Water Works Board and Central Alabama Water by clicking or tapping

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Central Alabama Water Fluoride WBRC WBRC 6 Fox 6 Myfoxal News 6 On Your Side Investigates Birmingham Water Works Board BWWB Birmingham Birmingham Alabama Central Alabama Water CAW City Of Birmingham Jefferson County Jefferson County Alabama Jefferson County Court Fluoride Public-Health Fluoridation Water Treatment Plants Jefferson County Circuit Court Judge Frederic Boll Statute Violation Temporary Restraining Order Water Utility Fluoridation Law Affidavits Water Works Managers Central Alabama Water Chief Executive Officer Central Alabama Water CEO Jeff Thompson Central Alabama Water Chief Operating Officer Central Alabama Water COO Tim Harris Birmingham Water Works Management Team Fluoride Equipment Carson Water Treatment Plant Putnam Water Treatment Plant Western Water Treatment Plant Broken Equipment Dental Protection

 

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