April, 09 2012, 04:07pm EDT
EPA Allows Widespread Lead Poisoning of Wildlife to Continue
Agency Rejects New Petition Asking for Nontoxic Hunting Ammunition; Wildlife Advocates Vow to Sue
WASHINGTON
The Environmental Protection Agency today rejected a request for federal regulation of toxic lead in hunting ammunition, again abdicating its responsibility to protect the environment from toxic substances. Earlier this year, 150 organizations in 38 states petitioned the EPA for federal rules requiring use of nontoxic bullets and shot for hunting and shooting sports to protect public health and prevent the lead poisoning of millions of birds, including bald eagles and endangered condors.
"It's shameful that the EPA refuses to save wildlife from senseless lead poisoning," said Jeff Miller of the Center for Biological Diversity. "The poisoning of bald eagles and other wildlife is a national tragedy the EPA can easily put an end to, since thereare plenty of safe, available alternatives to lead ammo."
In 2010 the EPA refused to review a petition by conservation and hunting groups asking for a ban on lead bullets, shotgun pellets and fishing tackle under the Toxic Substances Control Act, the federal law that regulates toxic substances. So last month, more than 100 groups, representing conservationists, birders, hunters, zoologists, scientists, American Indians, wildlife rehabilitators and veterinarians, submitted a new petition seeking federal rules requiring use of nontoxic bullets and shot for hunting and shooting sports. The EPA today responded in a letter to the petitioners that it will not review an "identical petition" and repeated the false claim that it cannot regulate lead ammunition.
The Toxic Substances Control Act allows the agency to regulate any chemical substance for a particular use; the lead used in shot and bullets is defined as a toxic "chemical substance" under the Act.
The EPA claims lead bullets and shot fall under an exception that exempts regulation of items subject to an Internal Revenue Service section 4181 excise tax imposed on sales of shotgun shells and bullet cartridges; yet the IRS itself has ruled that section 4181 "does not apply to sales of separate parts of ammunition such as cartridge cases, primers, bullets, and powder." Furthermore, a House report on the legislative history and intent of the Act states it "does not exclude from regulation under the bill chemical components of ammunition which could be hazardous because of their chemical properties."
"We look forward to putting this issue before a court, since the law is very clear that EPA has the responsibility to protect wildlife and people from toxic lead exposure," said Miller. "The EPA never evaluated the merits of regulating toxic lead ammo, nor has a court ruled on its authority to act under the federal toxics law -- well, that will soon change."
For more information, read about the Center's Get the Lead Out campaign. Media-ready photos and videos are also available here.
Background
Lead has been known to be highly toxic for more than 2,000 years. Its use in water pipes, cosmetics, pottery and food is suspected to have been a contributing factor in the collapse of the Roman Empire. It is dangerous even at low levels; exposure can cause death or severe health effects, from acute, paralytic poisoning and seizures to subtle, long-term mental impairment, miscarriage, neurological damage, impotence or impaired reproduction, and growth inhibition. There may be no safe level of lead for fetuses and the young. In recent decades the federal government has implemented regulations to reduce human lead exposure in drinking water, batteries, paint, gasoline, toys, toxic dumps, wheel balancing weights and shooting ranges.
Despite being banned in 1992 for hunting waterfowl, spent lead shotgun pellets continue to be frequently ingested by swans, cranes, ducks, geese, loons and other waterfowl. Many birds also consume lead-based fishing tackle lost in lakes and rivers, often with deadly consequences. Million of wild birds die each year from lead poisoning after consuming spent lead shot and bullet fragments left in the wild. Birds and animals are poisoned when scavenging on carcasses containing lead-bullet fragments or ingesting spent lead-shot pellets, which contaminate popular hunting grounds at high densities. Spent lead from hunting is a widespread killer of bald and golden eagles, trumpeter swans, endangered California condors and more than 75 other species of birds and nearly 50 mammals. More than 500 scientific papers have documented the dangers to wildlife from lead exposure.
Lead ammunition also poses health risks to people when bullets fragment in shot game and spread throughout the meat humans eat. Studies using radiographs show that numerous imperceptible, dust-sized particles of lead can infect meat up to a foot and a half away from the bullet wound, causing a greater health risk to humans who consume lead-shot game than previously thought. State health agencies have had to recall venison donated to feed the hungry because of lead contamination. Nearly 10 million hunters, their families and low-income beneficiaries of venison donations may be at risk.
There are many commercially available alternatives to lead rifle bullets, shotgun pellets, fishing weights and lures. More than a dozen manufacturers market hundreds of varieties and calibers of nonlead bullets and shot made of steel, copper and alloys of other metals, with satisfactory to superior ballistics. Nonlead bullets and fishing tackle are readily available in all 50 states. Hunters and anglers in states and areas that have lead restrictions or have already banned lead have made successful transitions to hunting with nontoxic bullets and fishing with nontoxic tackle.
Learn more in our "frequently asked questions," see a timeline of lead hazard reduction for wildlife and people, read recent scientific studieson lead exposure and follow our lead poisoning index.
At the Center for Biological Diversity, we believe that the welfare of human beings is deeply linked to nature — to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.
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Critics Blast 'Reckless and Impossible' Bid to Start Operating Mountain Valley Pipeline
"The time to build more dirty and dangerous pipelines is over," said one environmental campaigner.
Apr 23, 2024
Environmental defenders on Tuesday ripped the company behind the Mountain Valley Pipeline for asking the federal government—on Earth Day—for permission to start sending methane gas through the 303-mile conduit despite a worsening climate emergency caused largely by burning fossil fuels.
Mountain Valley Pipeline LLC sent a letter Monday to Federal Energy Regulatory Commission (FERC) Acting Secretary Debbie-Anne Reese seeking final permission to begin operation on the MVP next month, even while acknowledging that much of the Virginia portion of the pipeline route remains unfinished and developers have yet to fully comply with safety requirements.
"In a manner typical of its ongoing disrespect for the environment, Mountain Valley Pipeline marked Earth Day by asking FERC for authorization to place its dangerous, unnecessary pipeline into service in late May," said Jessica Sims, the Virginia field coordinator for Appalachian Voices.
"MVP brazenly asks for this authorization while simultaneously notifying FERC that the company has completed less than two-thirds of the project to final restoration and with the mere promise that it will notify the commission when it fully complies with the requirements of a consent decree it entered into with the Pipeline and Hazardous Materials Safety Administration last fall," she continued.
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Russell Chisholm, co-director of the Protect Our Water, Heritage, Rights (POWHR) Coalition—which called MVP's request "reckless and impossible"—said in a statement that "we are watching our worst nightmare unfold in real-time: The reckless MVP is barreling towards completion."
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Appalachian Voices noted that MVP's request comes days before pipeline developer Equitrans Midstream is set to release its 2024 first-quarter earnings information on April 30.
MVP is set to traverse much of Virginia and West Virginia, with the Southgate extension running into North Carolina. Outgoing U.S. Sen. Joe Manchin (D-W.Va.) and other pipeline proponents fought to include expedited construction of the project in the debt ceiling deal negotiated between President Joe Biden and congressional Republicans last year.
On Monday, climate and environmental defenders also petitioned the U.S. Court of Appeals for the D.C. Circuit, challenging FERC's approval of the MVP's planned Southgate extension, contending that the project is so different from original plans that the government's previous assent is now irrelevant.
"Federal, state, and local elected officials have spoken out against this unneeded proposal to ship more methane gas into North Carolina," said Sierra Club senior field organizer Caroline Hansley. "The time to build more dirty and dangerous pipelines is over. After MVP Southgate requested a time extension for a project that it no longer plans to construct, it should be sent back to the drawing board for this newly proposed project."
David Sligh, conservation director at Wild Virginia, said: "Approving the Southgate project is irresponsible. This project will pose the same kinds of threats of damage to the environment and the people along its path as we have seen caused by the Mountain Valley Pipeline during the last six years."
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Others renewed warnings about the dangers MVP poses to wildlife.
"The endangered bats, fish, mussels, and plants in this boondoggle's path of destruction deserve to be protected from killing and habitat destruction by a project that never received proper approvals in the first place," Center for Biological Diversity attorney Perrin de Jong said. "Our organization will continue fighting this terrible idea to the bitter end."
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Apr 23, 2024
U.S. workers' rights advocates and groups celebrated on Tuesday after the Federal Trade Commission voted 3-2 along party lines to approve a ban on most noncompete clauses, which Democratic FTC Chair Lina Khansaid "keep wages low, suppress new ideas, and rob the American economy of dynamism."
"The FTC's final rule to ban noncompetes will ensure Americans have the freedom to pursue a new job, start a new business, or bring a new idea to market," Khan added, pointing to the commission's estimates that the policy could mean another $524 for the average worker, over 8,500 new startups, and 17,000 to 29,000 more patents each year.
As Economic Policy Institute (EPI) president Heidi Shierholz explained, "Noncompete agreements are employment provisions that ban workers at one company from working for, or starting, a competing business within a certain period of time after leaving a job."
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The U.S. Chamber of Commerce has suggested it plans to file a lawsuit that, as The American Prospectdetailed, "could more broadly threaten the rulemaking authority the FTC cited when proposing to ban noncompetes."
Already, the tax services and software provider Ryan has filed a legal challenge in federal court in Texas, arguing that the FTC is unconstitutionally structured.
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"The pervasive use of noncompete clauses limits worker mobility, drives down wages, keeps Americans from pursuing entrepreneurial dreams and creating new businesses, causes more concentrated markets, and keeps workers stuck in unsafe or hostile workplaces," she said. "Noncompete clauses are both an unfair method of competition and aggressively harmful to regular people. The FTC was right to tackle this issue and to finalize this strong rule."
Morgan Harper, director of policy and advocacy at the American Economic Liberties Project, praised the FTC for "listening to the comments of thousands of entrepreneurs and workers of all income levels across industries" and finalizing a rule that "is a clear-cut win."
Demand Progress' Emily Peterson-Cassin similarly commended the commission "for taking a strong stance against this egregious use of corporate power, thereby empowering workers to switch jobs and launch new ventures, and unlocking billions of dollars in worker earnings."
While such agreements are common across various industries, Teófilo Reyes, chief of staff at the Restaurant Opportunities Centers United, said that "many restaurant workers have been stuck at their job, earning as low as $2.13 per hour, because of the noncompete clause that they agreed to have in their contract."
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Student Borrower Protection Center (SBPC) executive director Mike Pierce pointed out that the FTC on Tuesday "recognized the harmful role debt plays in the workplace, including the growing use of training repayment agreement provisions, or TRAPs, and took action to outlaw TRAPs and all other employer-driven debt that serve the same functions as noncompete agreements."
Sandeep Vaheesan, legal director at Open Markets Institute, highlighted that the addition came after his group, SBPC, and others submitted comments on the "significant gap" in the commission's initial January 2023 proposal, and also welcomed that "the final rule prohibits both conventional noncompete clauses and newfangled versions like TRAPs."
Jonathan Harris, a Loyola Marymount University law professor and SBPC senior fellow, said that "by also banning functional noncompetes, the rule stays one step ahead of employers who use 'stay-or-pay' contracts as workarounds to existing restrictions on traditional noncompetes. The FTC has decided to try to avoid a game of whack-a-mole with employers and their creative attorneys, which worker advocates will applaud."
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One plaintiffs' attorney said the ruling "makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society."
Apr 23, 2024
Democracy defenders on Tuesday hailed a ruling from a U.S. federal judge striking down a 19th-century North Carolina law criminalizing people who vote while on parole, probation, or post-release supervision due to a felony conviction.
In Monday's decision, U.S. District Judge Loretta C. Biggs—an appointee of former Democratic President Barack Obama—sided with the North Carolina A. Philip Randolph Institute and Action NC, who argued that the 1877 law discriminated against Black people.
"The challenged statute was enacted with discriminatory intent, has not been cleansed of its discriminatory taint, and continues to disproportionately impact Black voters," Biggs wrote in her 25-page ruling.
Therefore, according to the judge, the 1877 law violates the U.S. Constitution's equal protection clause.
"We are ecstatic that the court found in our favor and struck down this racially discriminatory law that has been arbitrarily enforced over time," Action NC executive director Pat McCoy said in a statement. "We will now be able to help more people become civically engaged without fear of prosecution for innocent mistakes. Democracy truly won today!"
Voting rights tracker Democracy Docket noted that Monday's ruling "does not have any bearing on North Carolina's strict felony disenfranchisement law, which denies the right to vote for those with felony convictions who remain on probation, parole, or a suspended sentence—often leaving individuals without voting rights for many years after release from incarceration."
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"It also makes our democracy better and ensures that North Carolina is not able to unjustly criminalize innocent individuals with felony convictions who are valued members of our society, specifically Black voters who were the target of this law," Brown added.
North Carolina officials have not said whether they will appeal Biggs' ruling. The state Department of Justice said it was reviewing the decision.
According to Forward Justice—a nonpartisan law, policy, and strategy center dedicated to advancing racial, social, and economic justice in the U.S. South, "Although Black people constitute 21% of the voting-age population in North Carolina, they represent 42% of the people disenfranchised while on probation, parole, or post-release supervision."
The group notes that in 44 North Carolina counties, "the disenfranchisement rate for Black people is more than three times the rate of the white population."
"Judge Biggs' decision will help ensure that voters who mistakenly think they are eligible to cast a ballot will not be criminalized for simply trying to re-engage in the political process and perform their civic duty."
In what one civil rights leader called "the largest expansion of voting rights in this state since the 1965 Voting Rights Act," a three-judge state court panel voted 2-1 in 2021 to restore voting rights to approximately 55,000 formerly incarcerated felons. The decision made North Carolina the only Southern state to automatically restore former felons' voting rights.
Republican state legislators appealed that ruling to the North Carolina Court of Appeals, which in 2022 granted their request for a stay—but only temporarily, as the court allowed a previous injunction against any felony disenfranchisement based on fees or fines to stand.
However, last April the North Carolina Supreme Court reversed the three-judge panel decision, stripping voting rights from thousands of North Carolinians previously convicted of felonies. Dissenting Justice Anita Earls opined that "the majority's decision in this case will one day be repudiated on two grounds."
"First, because it seeks to justify the denial of a basic human right to citizens and thereby perpetuates a vestige of slavery, and second, because the majority violates a basic tenant of appellate review by ignoring the facts as found by the trial court and substituting its own," she wrote.
As similar battles play out in other states, Democratic U.S. lawmakers led by Rep. Ayanna Pressley of Massachusetts and Sen. Peter Welch of Vermont in December introduced legislation to end former felon disenfranchisement in federal elections and guarantee incarcerated people the right to vote.
Currently, only Maine, Vermont, and the District of Columbia allow all incarcerated people to vote behind bars.
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