EPA can't regulate lead bullets, says federal court

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Hunters, hold your fire — the Environmental Protection Agency won't regulate your bullets.

A federal appeals court denied a lawsuit Tuesday by environmental groups that the EPA must use the Toxic Substances Control Act regulate lead used in shells and cartridges.

"We agree with EPA that it lacks statutory authority to regulate the type of spent bullets and shot identified in the environmental groups’ petition," Judge David Tatel wrote for the U.S. Court of Appeals for the District of Columbia Circuit.

Environmental groups had sued the agency to do so, saying spent lead ammunition posed an "unreasonable risk of injury" to wildlife and humans who would eat the animals they kill. The groups rejected the EPA's assertion that it lacked the authority to do so.

Environmental groups were challenging an earlier dismissal by a lower court.

"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.

Politics,Gun Control,EPA,PennAve,Energy and Environment,Zack Colman,Law,Firearms,Federal Courts,Hunting,Conservation
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