Water Utility Seeks to Remove Judge from Fluoride Case

Central Alabama Water claims Judge Frederic Bolling has shown bias against the utility in past disputes.

Apr. 1, 2026 at 9:20pm

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Lawyers for Central Alabama Water have filed a motion asking Judge Frederic Bolling to recuse himself from a lawsuit over the utility's decision to stop adding fluoride to its water supply. The water system argues that Bolling has frequently shown disdain for the utility, including disparaging remarks about the lead attorney, and that a reasonable person could question his impartiality.

Why it matters

This case highlights the ongoing debate over water fluoridation and the potential for legal battles between local governments and utilities over public health policies. It also raises questions about judicial impartiality and the ability of judges to remain objective in cases involving parties they have previously worked with or against.

The details

Central Alabama Water filed a motion on Wednesday asking Judge Frederic Bolling to recuse himself from a lawsuit brought by the city of Birmingham over the utility's decision to stop adding fluoride to its water supply. The water system argues that Bolling, who previously worked as an outside lawyer for the utility, has shown clear bias against the utility in past dealings and public statements.

  • In 2021, Bolling described the lead attorney for the utility as 'greedy' after his services were discontinued.
  • Bolling recused himself from a previous water works case in 2025 after an email he sent criticizing the utility resurfaced.
  • On March 20, 2026, the utility announced it would immediately end fluoride for all customers, prompting the lawsuit from the city of Birmingham.

The players

Central Alabama Water

The water utility that serves the Birmingham metropolitan area and has been at the center of the fluoride dispute.

Judge Frederic Bolling

The judge presiding over the lawsuit between the city of Birmingham and Central Alabama Water, who previously worked as an outside lawyer for the utility.

Mark Parnell

The lead attorney for Central Alabama Water at the time when Bolling described him as 'greedy' in a 2021 email.

Jeffrey Thompson

The CEO of Central Alabama Water who announced the utility would immediately end fluoride for all customers on March 20, 2026.

City of Birmingham

The city that filed a lawsuit against Central Alabama Water demanding the restoration of fluoride to the water supply.

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What they’re saying

“You are not representing anyone but your own greed and I pray that karma and justice finds it(s) way to your doorstep.”

— Judge Frederic Bolling, Judge

“A reasonable person would conclude your Honor is relying on information outside the record to inform his rulings and that the unsupported and disparaging statements made about CAW reflect a lack of impartiality.”

— James W. Porter, Reginald D. McDaniel and Shan Paden, Lawyers for Central Alabama Water

What’s next

A hearing on Birmingham's motion to restore fluoride is set for Thursday at noon, pending a decision on whether Judge Bolling will recuse himself from the case.

The takeaway

This dispute highlights the ongoing tensions between local governments and utilities over public health policies, as well as the importance of judicial impartiality in cases where there is a history of past conflicts between the parties involved.