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Does EPA Have the Authority?

The Black Bear Blog thinks not, largely because the TSCA exempts any product subject to the Internal Revenue Code, which ammunition is among. I’ve also skimmed the Toxic Substances Control Act a bit, and it’s hard to see how it grants authority to ban lead ammunition. Certainly they could put a lot of requirements on manufacturers, but based on my cursory examination, I’m not sure the authority is there at all. But I did not examine the law in great detail.

Thanks to Camo Underground for the pointer.

12 Responses to “Does EPA Have the Authority?”

  1. Joe Huffman says:

    It has been a long time since the Federal Government was required to show it has authority prior to implementing a law or regulation. The plan of action has been, with great success, just do it and let someone try to prove they can’t.

    See also what Henry Kissinger said on this topic.

  2. Sebastian says:

    This is true, but at the least it gives a remedy if they actually decide to go ahead with this.

  3. Harry Schell says:

    The remedy isn’t much, they will use your tax dollars against you, shut you down in the interim, DOJ will “slow roll” the lawsuit out of professional courtesy to a fellow agency doing what Holder wants but couldn’t do himself.

    A decade later, someone will get some money, which will come from innocent taxpayers. I am 60, so it might not mean a lot. The bums who caused the lawsuit? On their pensions at 100% of salary, Cadillac healthcare, the lot.

    Life isn’t fair, but this is getting ridiculous.

  4. Sebastian says:

    DOJ wouldn’t be the ones suing… it would be NSSF in all likelihood. The government’s position would be defended by the EPA’s solicitor. Also, if they really do lack statutory authority, they will probably be enjoined from enforcing the new rule until the case is settled.

    Just like what happened with the National Park Carry issue, until Congress fixed it.

  5. Drang says:

    “(T)hey could put a lot of requirements on manufacturers”
    At what point would said requirements constitute a de facto ban, and at what point would they be actionable in court?

  6. Dann in Ohio says:

    Never say never. The Consumer Product Safety Commission use it’s new 2008 law to prevent dirt bike and atv sales to children because of high lead content… yes, the little motorcycle batteries that started the motors contained significant lead… as much as two pounds of lead! No problem with the battery ACID, just the lead. It took 18 months to get that straightened out.

  7. dustydog says:

    EPA enforces dozens of laws, not just TSCA. Title IV of TSCA is the Lead Reduction.

    http://www.epa.gov/lead/pubs/regulation.htm

    It sets air and water quality standards for lead:
    http://epa.gov/air/lead/actions.html
    I imagine that the basis for banning lead ammunition would be to lower lead in air or water…

  8. JD says:

    “Does EPA Have the Authority?”

    If Cali had the “authority” the EPA damn sure will say it does.
    These MF’ers are gonna turn me into a full fledged 3per real soon!

  9. ParatrooperJJ says:

    No federal employee gets a pension at 100% of salary.

  10. Chas says:

    Bullet ban = Republican House and Senate + one term Obama

    An EPA bullet ban would function well politically for gun owners. The greatest enemy of our gun rights is gun owner complacency, and there wouldn’t be much of that with a ban on all lead ammo. We’d take the country back from the Commiecrats who are taking a wrecking ball to the USA, and then we’d ban their lead ammo ban.

  11. emdfl says:

    What makes you think that obumble and his staff/ bureaucracy/congressional butt-boys/thugs give a damn about legalities or the law?

  12. Bill says:

    The problem with “Bullet ban = Republican House and Senate + one term Obama” is that the Republican House and Senate will do nothing to reign in the EPA and overturn the Ban. Note that the Republican House and Senate did not repeal the Assualt Weapons Ban. They let it expire.

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