Central Alabama Water says it has met fluoride law, urges judge to end Birmingham case

Utility argues it already satisfied Alabama's notice requirement and can't be ordered to restart fluoridation quickly

Apr. 14, 2026 at 3:51pm

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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. CAW says 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. The utility argues there is nothing left for the court to order and that Birmingham has offered no evidence to show it's possible to quickly restore fluoride systemwide.

Why it matters

This case highlights the ongoing debate over water fluoridation, a public health measure that has been controversial in some communities. The outcome could set a precedent for how water utilities in Alabama handle fluoride requirements going forward.

The details

In its new court filing, CAW argues it has already satisfied Alabama's legal requirements by notifying the state health officer on March 12 that it was ending fluoridation. The utility says the law does not require 90 days of continued fluoridation after that notice, as Birmingham has claimed. CAW also says restoring fluoride systemwide would take at least 315 days and $3.7 million, citing an engineering memo, and that its plants' fluoride systems are in 'poor to end-of-life condition' and not currently capable of safely feeding fluoride. The utility contends it followed the law by issuing a public announcement on March 20 about ending fluoridation.

  • CAW notified the state health officer on March 12 that it was ending fluoridation.
  • CAW issued a public announcement on March 20 about ending fluoridation.

The players

Central Alabama Water (CAW)

The largest water utility in Alabama, providing drinking water to the Birmingham metropolitan area.

Jefferson County Circuit Judge Frederic Bolling

The judge presiding over the fluoride lawsuit between CAW and the city of Birmingham.

Dr. Scott Harris

The Alabama State Health Officer who received CAW's notification about ending fluoridation.

Tim Harris

The Chief Operating Officer of Central Alabama Water.

City of Birmingham

The city that has filed a lawsuit against CAW over the utility's decision to end fluoridation of its drinking water.

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What they’re saying

“CAW's lawyers say that means the statute is now satisfied and 'there is nothing left for this Court to enjoin.'”

— CAW's lawyers

“Harris says earlier shutdowns — including a 2023 chemical shipment delay at Carson, equipment failures at Putnam and Western, and long‑running problems at Shades Mountain — were all temporary outages caused by equipment issues, chemical shortages or other 'unavoidable circumstances' the statute specifically exempts from advance notice.”

— Tim Harris, CAW Chief Operating Officer

What’s next

The judge, Frederic Bolling, will issue a written order deciding whether CAW must move to restore fluoride or can proceed with its plan to end fluoridation permanently.

The takeaway

This case highlights the ongoing debate over water fluoridation and the challenges utilities face in balancing public health requirements with aging infrastructure and budgetary constraints. The outcome could set an important precedent for how water systems in Alabama handle fluoride regulations going forward.