EPA can't regulate lead bullets, says federal court

gc70 · December 23, 2014, 08:31 PM

In Trumpeter Swan Society v. EPA, a unanimous panel of the Court of Appeals for the DC Circuit ruled that the EPA is prohibited from regulating spent lead bullets and shot. The case, filed by 101 environmental groups, was an effort to get around the statutory prohibition against the EPA regulating cartridges and shells. The court found that there is "no way in which EPA could regulate spent lead bullets and shot without also regulating cartridges and shells — precisely what section 3(2)(B)(v) prohibits."

Happy Holidays!

Cnon · January 8, 2015, 04:55 AM

My favorite part of the article:

"No matter how one characterizes their claim — whether as an effort to regulate cartridges and shells (EPA’s view) or as an attempt to regulate the lead in bullets and shot (the environmental groups’ view) — their petition seeks the regulation of spent lead yet suggests no way in which EPA could regulate spent lead without also regulating cartridges and shells," Tatel wrote.

Sounds about right. What say this board?

More here: http://www.washingtonexaminer.com/ep...rticle/2557789

spacecoast · January 8, 2015, 06:43 AM

This seems to make it clear that the EPA must be given additional authority in order to regulate lead in the form of bullets.

Not likely in this Congress (assuming it couldn't happen via Presidential edict), but who knows about the future (as little as 2 years from now)?

Also, I'm sure there is a judge somewhere who disagrees...

TimSr · January 8, 2015, 07:48 AM

This may limit the scope of the EPA, but there is nothing to keep them from tossing it into the lap of the ATF and start the fight all over again under a different agency's supposed authority.

Evan Thomas · January 8, 2015, 01:01 PM

Merged and reopened.

December 23, 2014, 08:31 PM	#1
gc70 Senior Member Join Date: May 24, 2005 Location: North Carolina Posts: 2,903	Court rules against EPA regulation of spent lead bullets and shot In Trumpeter Swan Society v. EPA, a unanimous panel of the Court of Appeals for the DC Circuit ruled that the EPA is prohibited from regulating spent lead bullets and shot. The case, filed by 101 environmental groups, was an effort to get around the statutory prohibition against the EPA regulating cartridges and shells. The court found that there is "no way in which EPA could regulate spent lead bullets and shot without also regulating cartridges and shells — precisely what section 3(2)(B)(v) prohibits." Happy Holidays!

January 8, 2015, 04:55 AM	#2
Cnon Senior Member Join Date: February 3, 2005 Posts: 107	EPA can't regulate lead bullets, says federal court My favorite part of the article: "No matter how one characterizes their claim — whether as an effort to regulate cartridges and shells (EPA’s view) or as an attempt to regulate the lead in bullets and shot (the environmental groups’ view) — their petition seeks the regulation of spent lead yet suggests no way in which EPA could regulate spent lead without also regulating cartridges and shells," Tatel wrote. Sounds about right. What say this board? More here: http://www.washingtonexaminer.com/ep...rticle/2557789

January 8, 2015, 01:01 PM	#5
Evan Thomas Senior Member Join Date: July 7, 2008 Location: Upper midwest Posts: 5,631	Merged and reopened. __________________ Never let anything mechanical know you're in a hurry. Last edited by Evan Thomas; January 9, 2015 at 02:01 AM.

January 8, 2015, 06:43 AM	#3
spacecoast Senior Member Join Date: October 14, 2009 Location: Sunshine and Keystone States Posts: 4,461	This seems to make it clear that the EPA must be given additional authority in order to regulate lead in the form of bullets. Not likely in this Congress (assuming it couldn't happen via Presidential edict), but who knows about the future (as little as 2 years from now)? Also, I'm sure there is a judge somewhere who disagrees...

January 8, 2015, 07:48 AM	#4
TimSr Senior Member Join Date: March 8, 2013 Location: Rittman, Ohio Posts: 2,074	This may limit the scope of the EPA, but there is nothing to keep them from tossing it into the lap of the ATF and start the fight all over again under a different agency's supposed authority.