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Judge Throws Out One Suit to Ban Traditional Ammunition, While Another Continues

Monday, June 24, 2013

On May 23, a judge for the U.S. District Court for the District of Columbia threw out a case brought by the Center for Biological Diversity, which sought to force the Environmental Protection Agency into overstepping its congressionally designated authority by banning lead ammunition.

The suit began in 2012, following the EPA’s rejection of a CBD petition urging the EPA to regulate traditional ammunition. Throughout the dispute, the radical anti-hunting group relied on an incorrect reading of the Toxic Substances Control Act, arguing that the EPA has the authority to regulate lead bullets as components of ammunition. In fact, in 1976 pro-gun lawmakers foresaw exactly this type of problem and added language to the legislation specifically exempting ammunition from its terms. Despite these repeated rebuffs and the plain language of the TSCA, CBD has continued its campaign against hunters and shooters.

Undeterred by their failure with the EPA, CBD is now trying to get the United States Forest Service to ban lead for hunting under the Resource Conservation and Recovery Act, known as RCRA.

On Sept. 9, in federal district court in Arizona, the CBD, joined by the Sierra Club and the Grand Canyon Wildlands Council, sued the Forest Service for failure to enforce RCRA. The complaint contends that lead from traditional hunting ammunition poses an “imminent and substantial endangerment to health or the environment” on Forest Service lands. The specific tract of Forest Service land the complaint mentions is Arizona’s 1.6 million acre Kaibab National Forest. CBD claims this is within the habitat of the California condor, even though the birds were only released there as a “nonessential experimental” population, and classified as such specifically to prevent restrictions on hunting, fishing and other land uses.

Just as importantly, RCRA refers “to the past or present disposal of solid or hazardous waste, which may present an imminent and substantial endangerment to health or the environment[.]” According to the EPA, the act gives the agency authority over “the generation, transportation, treatment, storage, and disposal of hazardous waste.” The act was clearly aimed at controlling the disposal of industrial waste, not the miniscule amount of lead a sportsman might incidentally leave in the ground during a hunt—and especially not such a miniscule amount in comparison to the huge areas of land in question.

The NRA is intervening in the case to protect the interests of hunters; be sure to watch future issues of Legal Update for new developments.



Wednesday, November 25, 2015

Appropriations Act Signed Into Law With Important Pro-Second Amendment Provisions

On Wednesday, November 25, the President signed S. 1356, the National Defense Authorization Act for Fiscal Year 2016 into law. Included in the bill were some very important pro-gun provisions that represent the culmination of long-term efforts by ...


Friday, November 27, 2015

President Obama Signs NRA-Backed Measures into Law

President Barack Obama signed into law the National Defense Authorization Act (NDAA). It includes several NRA-backed provisions -- expanding gun rights on stateside military bases; prohibiting the Environmental Protection Agency (EPA) from banning traditional ammunition; and saving taxpayer dollars ...

Gun Laws  

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Guide To The Interstate Transportation Of Firearms

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Friday, May 15, 2015

Obama Administration Opposes CMP Handgun Sales

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Friday, November 20, 2015

“F” Stands for Fail: Gun Turn-in Event Nets a Stack of Paper Pledges and Some Surplus Sporting Goods

Recently, we reported on Hillary Clinton’s praise for local firearm “buyback” events and her view that forcing Americans to participate ...


Friday, November 20, 2015

Anti-gun Politicians, Media Exploit Paris Attacks in “Terrorist Gap” Rehash

The Paris terrorist attacks were not easily pinned on America’s supposedly lax gun laws or the NRA, but ...

Tuesday, November 24, 2015

Michigan: Governor Snyder Signs Firearm Inheritance Protection Act

Today, November 24, Governor Rick Snyder (R) signed Senate Bills 225 and 226.


Friday, November 20, 2015

Overwhelming 81 Percent of Current and Former Military have Unfavorable View of Clinton

More bad news for Hillary Clinton. Coming off the heels of survey results that found the former Secretary ...


Friday, November 20, 2015

Brussels Pushes Gun Control in Wake of Paris Attacks

On November 18, the European Commission expedited a plan to overhaul the European Union’s already restrictive gun control laws. The ...

Washington Times  

Wednesday, November 25, 2015

White House to GOP: Worry about gun control

The White House said Monday that Republicans concerned about Syrian refugees waging terrorist attacks in the U.S. should focus their energy instead on banning guns sales to people on the government’s terrorist watch list.


Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.