January 18, 2011
Federal Court Grants NSSF Motion to Intervene
The United States District Court for the District of Columbia has granted NSSF’s motion to intervene in a suit brought by the Center for Biological Diversity (CBD) and several anti-hunting groups against the United States Environmental Protection Agency (EPA). The CBD’s underlying suit against the EPA seeks to have the court overturn the agency’s denial of a CBD petition filed in August of 2010 to have the EPA under the Toxic Substance Control Act (TSCA) issue regulations to ban the manufacture, sale and use of traditional ammunition containing lead components, as well as fishing tackle made with lead components. The EPA properly denied the petition to ban traditional ammunition because Congress expressly exempted ammunition from regulation by the EPA. Later, the EPA also denied the petition as to fishing tackle because the CBD failed to demonstrate a scientific basis for the EPA to act.
“We are pleased with the court’s ruling because it will allow NSSF to ensure that the will of Congress is adhered to and the CBD does not succeed in its efforts to side step Congress and impose its anti-hunting agenda through the judicial system,” said Lawrence G. Keane, NSSF senior vice president and general counsel.
In granting NSSF’s motion to intervene in the case the court acknowledged that the EPA could not adequately represent the business interests of NSSF’s members. The court also rejected the CBD’s efforts, in opposing the NSSF motion, to inappropriately limit NSSF participation in the case.