For years, NRA has been fighting in the courts on behalf of conservationists, hunters and recreational shooters to stop the efforts of self-proclaimed environmental groups using lawsuits to limit access to public lands.
These groups try to stretch the limits of environmental laws like the Endangered Species Act (ESA) and the National Environmental Protection Act (NEPA), to use these laws in unintended ways in order to limit the managed public use of wilderness areas and parks for hunting, shooting, and other recreation.
Now, in a threatening new twist, the Center for Biological Diversity (CBD) and several co-plaintiffs have sued the United States Forest Service (the Service) under the Resource Conservation and Recovery Act (RCRA). Complaint available here. RCRA allows citizen groups to sue those who are allegedly contributing or have contributed “to the past or present disposal of solid or hazardous waste, which may present an imminent and substantial endangerment to health or the environment[.]” 42 U.S.C. § 6972(a)(1)(B). Stretching RCRA beyond the breaking point, CBD’s newest lawsuit contends that the Service is acting illegally by allowing hunters in the Kaibab National Forest in Arizona to use traditional lead-based ammunition. CBD’s lawsuit contends this is a violation of RCRA.