Trumpeter Swan Society v. EPA
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Court: U.S. Court of Appeals for the District of Columbia
Circuit Docket:
13-5228
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Opinion Date:
December 23, 2014
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Areas of Law: Environmental Law, Government & Administrative Law
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101 environmental groups filed a petition with EPA asking it to
regulate spent lead bullets and shot. The environmental groups invoked section
21 of the Toxic Substance Control Act, 15 U.S.C. 2601(a)(1), which allows any
person to petition EPA for a rulemaking proceeding to regulate "chemical
substances" that "present an unreasonable risk of injury to health or
the environment[.]"
The district court held that EPA had authority to
classify the petition as non-cognizable under the Act and dismissed the
complaint. The court disagreed with the district court where nothing in section
21 allowed EPA to dismiss the petition as non-cognizable. Nonetheless, the
court affirmed the judgment because the environmental groups have suggested no
way in which EPA could regulate spent lead bullets and shot without also
regulating cartridges and shells, precisely what section 3(2)(B)(v) of the Act
prohibits.