PORT ANGELES — A lawsuit to stop the city’s proposed public water fluoridation project won’t follow the City Council’s approval of “findings and conclusions” from a lengthy public hearing, the opponents’ lawyer says.
The city must take some kind of action affecting the environment, such as issuing a building or other permit for the project, before a lawsuit and injunction can be filed, said Gerald Steel, the Seattle attorney representing citizens groups and individuals fighting the move.
“When they actually issue a permit that affects the environment, that starts an appeal cycle,” he said, offering a glimpse into the legal strategy the opponents may take.
“Then we’d have 21 days to appeal the permit on the basis that the (State Environmental Policy Act) review was inadequate,” Steel said.
Grant accepted
The city in February 2003 accepted a grant from the Washington Dental Services Foundation of up to $260,000 for installation of a fluoridation system and public education efforts related to fluoridation.
The foundation will contract with engineering firm CH2MHill to design and build the water fluoridation system, then give it to the city.
But it’s what the city does that will trigger any lawsuit, not the foundation or engineering firm, Steel said.
“So we’ll be monitoring the city’s actions,” he said.
“Each time they take an action affecting the environment, we will decide if that’s the time to go forward with a judicial review in Clallam County Superior Court.”
