Appellate judges at Oct. 24 oral arguments wrestled with the scope of a Toxic Substances Control Act (TSCA) exclusion for items that are taxed as ammunition, suggesting the exclusion could hinder advocates' suit seeking TSCA regulation of lead bullets while also questioning whether EPA's reliance on the exclusion is too broad. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard the arguments in Trumpeter Swan Society, et al. v. EPA, in which environmentalists are appealing a lower court ruling that dismissed their suit challenging the agency's denial of a TSCA rulemaking petition for bullets and shot containing lead. The 2012 petition followed a similarly unsuccessful petition that advocates filed in 2010 seeking the TSCA rules.
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