Second, it rejected the District Court’s invocation of Chicago & Southern Air Lines v. Thus “hatever discretion otherwise has regarding regulating-or not regulating-hunting in the Kaibab, the agency would have to comply with an order from the court to address the disposal of lead bullets in the Kaibab.” Id. RCRA’s citizen-suit provision empowered private citizens to seek orders requiring “a responsible party to ‘take action’ by attending to the cleanup and proper disposal of toxic waste, or a prohibitory injunction, i.e., one that ‘restrains’ a responsible party from further violating RCRA.” Id.
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It rejected the District Court’s argument that it lacked jurisdiction, and the alternative defense of the judgment asserted by the Forest Service, that the Court had relied upon its inherent power to refuse to assume jurisdiction over a claim for equitable relief.įirst, it rejected the District Court’s assertion that an order to “abate the endangerment” from lead ammunition would “amount to nothing more than a recommendation that the would be free to disregard.” Slip op at *5-*6. On May 30, the Ninth Circuit reversed and remanded again. On remand, the District Court again dismissed the case holding that any ruling on the Center’s claims would constitute an “advisory opinion,” as any resulting judgment would either be unenforceable or intrude into Forest Service’s discretion. The Ninth Circuit reversed and remanded in an unpublished opinion, finding that SUWA applied only to Administrative Procedure Act (“APA”) claims, not lawsuits brought under RCRA’s citizen suit provisions.
55 (2004)(“ SUWA”) barred the suit because plaintiffs were seeking no specific mandatory relief. Southern Utah Wilderness Alliance, 542 U.S. The District Court initially ruled that Norton v. Meanwhile, the Center’s RCRA lawsuit did not fare well indeed the District Court has twice sought to bid it farewell.
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or any other law.” Though presumably not literally at midnight, on his last full day in office, January 19, 2017, President Obama’s Director of the Fish and Wildlife Service issued an order banning lead based ammunition and tackle on lands or waters within the Service’s jurisdiction (based on eight statutory authorities that included neither RCRA or TSCA) President Trump’s Interior Secretary, Ryan Zinke, countermanded the order two months later. 2601-2697), Congress has, by annual appropriations riders, prohibitted federal agencies from using appropriated funds “to regulate the lead content of ammunition,” under authority conferred by “the Toxic Substances Control Act. Probably in response to two petitions asking the EPA to act pursuant to the Toxic Substances Control Act, Pub. However, proposals to ban lead ammunition and fishing tackle have led to fierce debate pitting sportsmen against environmentalists and animal rights activists. The last solution is the most obvious and most easily implemented. at *3, n.1 (citing Forest Service’s concession at oral argument). Theoretically, the Forest Service could address the spent lead ammunition problem by either (1) removing the lead bullets left on Forest Service land, (2) requiring hunters to do so, or (3) prohibiting the use of lead bullets.
8176, Complaint, Request for Relief, accessible at 2012 WL 4018013, arguing that both the Forest Services’ stewardship of the land and its regulatory powers enabled it to protect scavengers from lead poisoning. at *2 see, Center for Biological Diversity v.
The Center sought an order requiring the Forest Service to “abate the endangerment” from lead ammunition in the Kaibab National Forest, Slip op. RCRA is primarily designed to reduce the generation of hazardous waste and to ensure the proper handling of any such waste generated “so as to minimize the present and future threat to human health and the environment.” 42 U.S.C. Forest Service under the Resource Conservation and Recovery Act of 1976 (“RCRA”), Pub. The Center for Biological Diversity, and two other like-minded groups, sought to prevent at least the second type of lead poisoning by suing the U.S. First, hunters shoot big game (such as bison and elk) using lead ammunition, a euphemistic “lead poising ” then scavengers, such as the California condor themselves fall prey to actual lead poisoning when they ingest fragments of spent ammunition in picking over the carcass. You may be familiar with fictional gunmen’s euphemistic boast: “the victim died of poising, lead poising!” Apparently in the Kaibab National Forest, located largely in northern Arizona, animals die from euphemistic and non-euphemistic lead poisoning.
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