EPA can't regulate lead bullets, says federal court

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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!
 
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/epa-cant-regulate-lead-bullets-says-federal-court/article/2557789
 
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...
 
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.
 
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