Radical leftist environmental groups funded by PEW Charitable Trusts, The Turner Foundation and others have petitioned the EPA under the Toxic Substances Control Act to eliminate lead shot, bullets and fishing sinkers.

The lead group is the Center for Biological Diversity who is described as an anti-industry legal attack group which ‘uses the Endangered Species Act and media scare tactics as a weapon to destroy America’s industrial strength and resource production by bringing lawsuits against a wide spectrum of resource use companies, private property owners and against government to stop resource use’ according to Ron Arnold’s Green Tracking Library.

The Center for Biological Diversity has received funds from leftist money bags like PEW Charitable Trusts, The Turner Foundation, Wendy P. McCaw Foundation and the Wyss foundation. Other environmental groups on the petition are AMERICAN BIRD CONSERVANCY, ASSOCIATION OF AVIAN VETERINARIANS, PROJECT GUTPILE, and PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY.

The NRA sent a letter to the EPA stating that the EPA is prohibited from regulating ammunition by the very act it is using to attempt the ban. Congress excluded firearms and ammunition from the Toxic Substances and Control Act.

The letter from the NRA read:

Dear Administrator Jackson:

The National Rifle Association represents millions of sportsmen and wildlife conservationists across the country. We are writing to urge you to reject a petition filed by the Center for Biological Diversity and others asking EPA to ban lead shot and bullets under the Toxic Substances Control Act (TSCA). Simply put, the Act does not grant EPA the authority to regulate ammunition of any composition.

As you know, TSCA allows EPA under certain circumstances to regulate “chemical
substances,” which are defined as

any organic or inorganic substance of a particular molecular
identity, including–

(i) any combination of such substances occurring in whole or in
part as a result of a chemical reaction or occurring in nature and

(ii) any element or uncombined radical.
15 U.S.c. § 2602(2)(A).

Nevertheless, Congress explicitly excluded from this definition “any article the sale of
which is subject to the tax imposed by section 4181 of the Intemal Revenue Code of 1986
(determined without regard to any exemptions from such tax provided by section 4182 or 4221 or
any other provision of such code).” 15 U.S.C. § 2602(2)(B)(v). This cross reference refers to 26
U.S.C. § 4181, which imposes excise taxes upon pistols, revolvers, and firearms (other than
pistols and revolvers), as well as “[s]hells, and cartridges.”

This appears to be another over reach by the EPA and the Obama administration to bypass congress and the American people to cater to the whims of a few well rich environmentalists.

-Editor

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