The EPA had been petitioned to ban traditional lead ammunition - just in time for the fall hunting season. The Center for Biological Diversity wanted the ban under the Toxic Substance Control Act of 1976, a law in which Congress expressly exempted ammunition. The EPA was once again asked or invited to take on a Constitutionally prohibited, quasi-Congressional role and to pass legislation as part of the Executive Branch.
Fortunately, this time, the EPA ruled that it “does not have the legal authority to regulate this type of product under the Toxic Substances Control Act (TSCA)” and added that it is not “seeking such authority.” This had Second Amendmwent implications as well.
It's amazing the petition got as far as it did, but the EPA finally got one right.
They still are considering a ban on lead sinkers used in fishing.
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