The Trumpeter Swan Society, et al. v. Environmental Protection Agency (TSCA II)

on . Posted in Latest News, Litigation

Washington, D.C. – In a legal victory for the National Rifle Association (NRA) and its constituents, the United States District Court for the District of Columbia dismissed yet another lawsuit driven by the activist group the Center for Biological Diversity (CBD).

The Trumpeter Swan Society, et al. v. United States Environmental Protection Agency, et al., lawsuit, which was filed on June 7, 2012, by CBD and other lead ammunition ban proponents, alleged that the United States Environmental Protection Agency (EPA) is legally obligated to regulate lead ammunition under the Toxic Substances Control Act (TSCA).  CBD pushed for this lawsuit despite having its previous lawsuit CBD v. EPA, which alleged the exact same claims, thrown out of court, and after the EPA twice denied CBD’s petitions to ban lead ammunition because the EPA does not have the authority to regulate ammunition under TSCA.

As part of NRA’s continuing efforts to protect hunters and recreational shooters from special interest groups seeking to restrict or eliminate hunting by banning the use of traditional lead ammunition, the NRA and Safari Club International obtained permission from the United States District Court in Washington, D.C. to intervene in the Trumpeter Swan lawsuit and the previous CBD v. EPA litigation.

Both lawsuits claimed that wildlife, especially scavenging avian such as California Condors and Bald and Golden Eagles, are getting lead poisoning from eating lead bullet fragments in carrion left in the field by hunters. CBD also claimed that humans are at risk of lead poisoning by consuming meat containing lead bullet fragments from harvested game.

The District Court dismissed the Trumpeter Swan suit, however, finding that the EPA acted within its authority when it determined that the 2012 petition that CBD Plaintiffs based their legal action on was a petition for reconsideration rather than a petition for rulemaking and therefore was insufficient to establish jurisdiction for the suit.

[Editor's note:  On July 22, 2013, CBD filed a notice of appeal.  Stay tuned…]


Filing Date Filing Party Document Description
7.22.13 Court Order to Dismiss
5.23.13 Court Transcript of Motion Hearing Before the Honorable Emmet G. Sullivan, United States District Judge
9.25.12 Defendant-NSSF NSSF's Reply Memorandum In Support of Motion to Dismiss
9.24.12 Defendant-EPA EPA's Reply In Support of Motion to Dismiss
9.20.12 Defendant-NRA/SCI NRA and SCI's Reply In Support of Motion to Dismiss
9.13.12 Plaintiff CBD’s Combined Opposition to Motions to Dismiss
8.31.12 Defendant- NRA/SCI NRA/SCI’s Motion to Dismiss
8.31.12 Defendant – EPA EPA’s Motion to Dismiss
8.30.12 Defendant- Assoc. of Battery Recyclers ABR’s Motion to Dismiss Complaint
8.30.12 Defendant- NSSF NSSF’s Motion to Dismiss Complaint
7.31.12 Court MINUTE ORDER granting National Rifle Association of America and Safari Club International’s unopposed motion to intervene. It is FURTHER ORDERED that defendant-intervenors National Rifle Association of America and Safari Club International shall respond to the amended complaint on or before the date on which defendants and the other defendant-intervenors are required to respond. Signed by Judge Emmet G. Sullivan on July 31, 2012. (lcegs6) (Entered: 07/31/2012)
7.30.12 Defendant- NRA/SCI Motion to Intervene
7.12.12 Defendant- Assoc. of Battery Recyclers Unopposed Motion to Intervene
7.10.12 Plaintiff Amended Complaint
6.25.12 Defendant- NSSF NSSF’s Motion to Intervene
6.7.12 Plaintiff Notice of Related Case
6.7.12 Plaintiff Complaint

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