Center for Biological Diversity v. Environmental Protection Agency (TSCA I)

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The National Rifle Association (NRA) filed a motion to intervene to fight for hunter’s rights in a lawsuit brought by the Center for Biological Diversity (CBD) that sought to force the Environmental Protection Agency (EPA) to ban the use, manufacture, processing, and distribution of lead shot, bullets, and fishing sinkers throughout the country. The NRA, Safari Club International (SCI) and National Shooting Sports Foundation (NSSF) collectively intervened to defend the rights and interests of hunters and recreational shooters, and others in the firearm industry who would otherwise likely not be adequately represented in the case.  

The lawsuit follows the EPA’s recent denial of a Petition that was filed to force EPA to pass regulations banning certain lead-based sporting products, including ammunition and fishing tackle. The Petition and the subsequent lawsuit were both filed by the CBD and joined by Public Employees for Environmental Responsibility and “Project Gutpile.” Though the EPA correctly denied the Petition, CBD and the other plaintiffs refuse to accept that decision. They brought this lawsuit hoping to have the EPA’s decision overturned by a court.  

CBD’s legal argument is being used to try to force the EPA to ban lead ammunition and fishing tackle. It is based on a meritless interpretation of the Toxic Substances Control Act (TSCA), which includes a specific exclusion for ammunition. TSCA, section 3(2)(B)(v) precludes the EPA from regulating ammunition. But, CBD wants EPA or a court to hold that the TSCA ammunition exclusion does not apply to bullets and shot, because neither bullets nor shot are actually “ammunition” (i.e., a shell, primer, and projectile, etc., in one cartridge or unit). CBD’s argument is founded on an inapplicable interpretation of a tax ruling issued by the IRS in 1954 that distinguished the sale of “separate parts of ammunition” and complete ammunition for taxation purposes only.  

NSSF filed a motion to dismiss CBD’s claims regarding lead ammunition on procedural grounds, and NRA and SCI supported NSSF’s motion. The Court granted the motion and dismissed CBD’s claims against lead ammunition. Though the case continued regarding CBD’s claims against lead tackle, CBD is now in the process of dismissing the entire action.

Filing Date Filing Party Document Description
    Background on CBD v. Jackson/EPA Litigation
4.30.12 Court Order granting plaintiffs Motion for Voluntary Dismissal and denying intervenor defendant ABRs Motion to Hold in Abeyance
4.24.12 Environmental Protection Agency Notice by Environmental Protection Agency, Lisa P. Jackson
4.9.12 Environmental Protection Agency EPA's response to CBD’s second Petition to Ban Lead Ammunition (Not filed with the Court)
4.5.12 Association of Battery Recyclers, Inc. Assoc of Battery Recycler Inc.'s Reply in Support of Plaintiffs' Motion for Voluntary Dismissal
4.5.12 Association of Battery Recyclers, Inc. Assoc of Battery Recycler Inc.'s Reply in Support of Motion to Hold Case in Abeyance
3.29.12 Association of Battery Recyclers, Inc. Proposed Order Re Assoc. of Battery Recyclers, Inc.'s Opp to Motion for Voluntary Dismissal
3.29.12 Association of Battery Recyclers, Inc. Assoc. of Battery Recyclers, Inc.'s Opp to Motion for Voluntary Dismissal
3.28.12 Plaintiff Proposed Order Re Plaintiffs' Opposition to Motion to Hold in Abeyance
3.28.12 Plaintiff Plaintiffs' Opposition to Motion to Hold in Abeyance
3.15.12 Environmental Protection Agency EPA's Status Report in Response to the Court's Order of March 1, 2012
3.15.12 Plaintiff Proposed Order Re Plaintiffs' Motion for Voluntary Dismissal
3.15.12 Plaintiff Plaintiffs' Motion for Voluntary Dismissal
3.15.12 Association of Battery Recyclers, Inc. Proposed Order Re Association of Battery Recylcler's Motion to Hold in Abeyance
3.15.12 Association of Battery Recyclers, Inc. Association of Battery Recylclers, Inc.'s Motion to Hold in Abeyance
3.13.12 Plaintiff CBD’s second Petition to Ban Lead Ammunition (Not filed with the Court)
3.1.12 Association of Battery Recyclers, Inc. Association of Battery Recylclers Inc.'s Response to EPA's Response to the Court's Order of 12.12.11
2.29.12 Environmental Protection Agency EPA's Response to the Court's Order of 12.12.11
2.29.12 All Parties Joint Motion for Extension of Time to File Recommendations for Further Proceedings
2.14.12 Environmental Protection Agency EPA denial re Second Petition (Not filed with the court)
12.12.11 Environmental Protection Agency Proposed Order Re Motion to Hold In Abeyance
12.12.11 Environmental Protection Agency EPA's Motion to Hold in Abeyance
11.16.11 CBD CBD's Second Petition Re Fishing Tackle
10.28.11 Environmental Protection Agency EPA's Joint Motion for Extension of Time to File Recommendations for Further Proceedings
9.29.11 Court Memorandum Opinion
9.29.11 Court Order Granting Partial Motions to Dismiss
4.28.11 NRA & SCI Proposed Answer of NRA and SCI
4.28.11 Court Minute Order Granting Motion to Intervene
3.4.11 Environmental Protection Agency EPA's Reply in Support of Defendants' Partial Motion to Dismiss
3.1.11 Association of Battery Recyclers, Inc. Association of Battery Recylclers Inc.'s Reply in Support of Partial Motions to Dismiss
3.1.11 National Shooting Sports Foundation NSSF's Reply in Support of Partial Motion to Dismiss Plaintiffs' Complaint
2.28.11 NRA & SCI Combined NRA and SCI's Reply to Opposition to Motion to Intervene
2.22.11 Plaintiff CBD's Opposition To Motions To Dismiss
2.16.11 Plaintiff CBD's Opposition to SCI/NRA's Motion to Intervene
2.8.11 National Shooting Sports Foundation Partial Answer to Complaint
2.8.11 National Shooting Sports Foundation Motion to Dismiss
2.8.11 National Shooting Sports Foundation Proposed Order Re Motion to Dismiss
2.8.11 Environmental Protection Agency Motion to Dismiss
2.8.11 Environmental Protection Agency Proposed Order Re Motion to Dismiss
2.8.11 Environmental Protection Agency Partial Answer to Complaint
2.2.11 NRA & SCI Motion to Intervene
2.2.11 NRA & SCI Proposed Answer to Complaint
2.2.11 NRA & SCI Proposed Order Re Motion to Intervene
01.18.11 Association of Battery Recyclers, Inc. Answer to Complaint
01.11.11 Association of Battery Recyclers, Inc. Reply to Opposition to Motion re Motion to Intervene Filed by Association of Battery Recylcers
01.03.11 Plaintiff Memorandum in Opposition to Motion to Intervene Filed by Center for Biological Diversity
12.20.10 National Shooting Sports Foundation Reply to Opposition to Motion re Motion to Intervene Filed by NSSF
12.17.10 Association of Battery Recyclers, Inc. Motion to Intervene
12.13.10 Plaintiff Opposition to Motion to Intervene
11.29.10 National Shooting Sports Foundation NSSF Motion to Intervene1. Exhibit 12. Exhibit 2
11.23.10 Plaintiff Motion of Admission Pro Hac Vice of Adam Keats
11.23.10 Plaintiff Motion of Admission Pro Hac Vice of Jacklyn Lopez
11.23.10 Plaintiff Complaint
11.14.10 Environmental Protection Agency EPA Denial of fishing tackle Petition (Not filed with the court)
8.27.10 Environmental Protection Agency EPA denial re Lead Shot (Not filed With the Court)
8.3.10 Plaintiff CBD’s first Petition to Ban Lead Ammunition (Not filed with the Court)

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