Ninth Circuit Holds Forest Service's Failure To Regulate Use Of Lead Ammunition Creates Justiciable Controversy Under RCRA (very novel use of RCRA! 7-year-old case has new life!)
https://www.lexology.com/library/detail.aspx?g=b97ca941-4268-4c93-bb86-8bf3a62239b7Quote: "The interest groups alleged that the Forest Service is 'contributing to' the unlawful disposal of solid waste in the national forest by acquiescing to hunters' use of lead ammunition, which can lead to poisoning the hunters' prey and ultimately poisoning scavengers - like the California condor - that feed on carcasses left by hunters."
"The interest groups sought declaratory and injunctive relief to compel the Forest Service to prevent or otherwise regulate the use of lead ammunition in the Kaibab National Forest to alleviate the issue."
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT - OPINION
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/05/30/17-15790.pdfQuote: "For the foregoing reasons, the case is justiciable. We REVERSE the district court's dismissal and REMAND for further proceedings consistent with this opinion."
"[The] Ninth Circuit directed the district court to address...the question of whether a party that owns or manages property on which unlawful disposal occurs may be responsible for 'contributing to' the unlawful disposal under RCRA."