Constitutional Law

Win for shooting ranges under RCRA

Metacon Gun Club in Connecticut was sued by homeowners in the area (who probably bought houses next to a shooting range and then became upset that a shooting was next to their houses) under the Resource Conservation and Recovery Act (RCRA). RCRA applies to "discarded" material that is classified as hazardous waste. Plaintiffs' theory was that this applied to lead bullets and shot on the ground and in the backstops.

The Second Circuit affirmed the district court, which agreed with the EPA that the discharge of projectiles is part of their normal use, and firing them does not "discard" them within meaning of the law. It also affirmed a finding that the plaintiffs had failed to make out a case under the Clean Water Act.

Hat tip to reader William Taggart....

Full post as published by Of Arms and the Law on August 24, 2009 (boomark / email).