http://www.newswithviews.com/NWV-News/news343.htm****

** **

*OBAMA'S EPA ATTEMPTS TO BAN AMMUNITION*****

By NWV News Writer Jim Kouri
Posted 1:00 AM Eastern
May 27, 2013
© 2013 NewsWithViews.com****

A federal court on Thursday halted -- at least for the time being -- an
effort by the Environmental Protection Agency <http://www.epa.gov/> to ban
all ammunition containing lead, much to the dismay of gun control groups
hoping to use environmentalism to "make an end run around the Second
Amendment" right of access to ammunition, according to officials from
several organizations representing gun owners and manufacturers.****

The U.S. District Court for the District of Columbia ruled that it had
dismissed a lawsuit brought by the anti-hunting Center for Biological
Diversity<http://www.biologicaldiversity.org/news/press_releases/2013/lead-05-23-2013.html>and
six other left-wing groups which demanded that President Barack
Obama's
powerful EPA ban traditional ammunition containing lead components.****

Federal Judge Emmet G. Sullivan dismissed CBD’s lawsuit, finding that CBD’s
current petition was nothing more than an attempt to seek reconsideration
of their previous petition, which the EPA had denied. Judge Sullivan also
indicated that he would defer to EPA’s determination that the agency was
not congressionally authorized to regulate lead-based ammunition, according
to the Institute for Legislative
Action<http://www.nraila.org/legislation/federal-legislation/2013/5/federal-judge-dismisses-lawsuit-to-ban-traditional-ammunition.aspx>of
the NRA.
****

Traditional ammunition represents 95 percent of the U.S. market and is the
staple ammunition for target shooters, hunters and law enforcement, with
more than 10 billion rounds sold annually, according to officials with
the National
Shooting Sports Foundation <http://www.nssf.org/>.****

Last August, the NSSF <http://www.youtube.com/user/TheNSSF> had filed a
motion to dismiss the federal lawsuit initiated by EPA attorneys at the
behest of environmental and control activist groups. ****

** **

But the federal court on Thursday agreed with NSSF and said that the EPA
doesn't possess the legal authority to regulate traditional firearms
ammunition under the Toxic Substances Control
Act<http://www.epa.gov/agriculture/lsca.html>
.****

The Toxic Substances Control Act of
1976<http://www.hss.doe.gov/sesa/environment/policy/tsca.html>mandated
the EPA to protect the American public from "unreasonable risk of
injury to health or the environment" by regulating the manufacture and sale
of chemicals. The TSCA attempted to exert direct government control over
which types of chemicals could and could not be used in actual use and
production. ****

In fact, the EPA had already twice denied attempts by CBD to have the
agency ban traditional ammunition, and the court had dismissed an earlier
case brought by CBD seeking the same relief.****

"No doubt the CBD and the other groups will continue their efforts and
perhaps hunt for judges who share their ideology," said former police
firearms trainer Marvin Wolinsky.****

“We’ll keep fighting to ensure that America’s wildlife are no longer
needlessly killed by the millions by lead ammunition,” said Bill
Snape<http://www.biologicaldiversity.org/news/press_releases/2013/lead-05-23-2013.html>,
senior counsel with the CBD. ****

“Congress clearly gave the EPA authority to regulate the toxic lead in
hunting ammunition, the same way we got lead out of gasoline, paint and
kids’ toys. It was really disturbing today to see the country’s most
important environmental agency on the same side as the NRA, opposing
commonsense measures to protect people and wildlife from lead poisoning,”
he said in a statement.****

"We are gratified that the court has found this second frivolous lawsuit,
which is essentially the same as the one dismissed last year, was equally
without merit," said Lawrence G. Keane, senior vice president and general
counsel for the National Shooting Sports Foundation <http://www.nssf.org/>,
the trade association for the firearms and ammunition industry.****

"This was a waste of taxpayers'
dollars<http://www.atf.gov/firearms/guides/importation-verification/general-information-excise-tax.html>and
EPA resources spent in having to defend a baseless lawsuit," Keane
added. ****

CBD's ceaseless petitioning of the EPA and its repeated lawsuits were
designed to cripple the shooting sports in America by banning the
ammunition that millions of hunters and target shooters choose to use
safely and responsibly, according to a NSSF statement.****

** **

"There is quite simply no sound science that shows the use of traditional
ammunition has harmed wildlife populations or that it presents a health
risk to humans who consume game taken with such ammunition," said Keane. ***
*

Banning traditional ammunition would cost tens of thousands of jobs in
America and destroy wildlife conservation that is funded in part by an 11
percent excise tax <http://www.ttb.gov/forms/f530026.pdf> on the sale of
ammunition. The protection and management of wildlife is properly handled
by the professional biologists in the state fish and game agencies, as it
has been for over a hundred years, Keane argued. ****

Besides the NSSF, the National Rifle Association <http://www.nranews.com/>,
Safari Club International and the Association of Battery Recyclers
intervened in the federal case against the EPA regulating rifle, shotgun
and handgun ammunition.****

According to officials with CBD, organizations that joined in the EPA's
federal lawsuit were the Cascades Raptor Center of Oregon, the Loon Lake
Loon Association of Washington, Preserve Our Wildlife of Florida, Tennessee
Ornithological Society, Trumpeter Swan Society and Western Nebraska
Resources Council.****

** **

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