Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Conn. Gun Club Can be Sued for Lead Pollution
FindLaw.com ^ | 7/13/2005 | RAE THEODORE

Posted on 07/20/2005 10:28:54 AM PDT by 2nd amendment mama

A group of homeowners who live near a gun club have standing to sue the club for dumping lead and other ammunition-related pollutants into the surrounding area, a Connecticut federal court has ruled .

The court dismissed one of the homeowners' claims under the federal Resource Conservation and Recovery Act, concluding that lead shot is not "hazardous waste" at the time it is discharged from a firearm because it is being used for its intended purpose.

The court's ruling permits the homeowners to press their remaining claims under the RCRA and the Clean Water Act.

The Metacon Gun Club Inc. has operated a shooting range in Simsbury, Conn., for 15 years, court filings say. Members and guests are permitted to use large and small firearms, including shotguns, assault rifles and anti-tank guns at the site. The club borders the Farmington River, as well as a golf course, riding stable and Talcott Mountain State Park.

The Simsbury-Avon Preservation Society LLC, composed of six homeowners who live near the site, claims the gun club causes water and soil contamination from chromium, lead, ammunition fragments and other pollutants. It alleges that "thousands of pounds of lead" were deposited into the environment since 1980 and the area shows a lead presence well above that allowed by state environmental laws.

Simsbury-Avon and its individual members sued Metacon for violations of the RCRA and the CWA. Specifically, it maintains that Metacon violated the RCRA by open dumping lead and lead debris. It further alleges that Metacon, an owner and operator of a waste facility, has engaged in hazardous waste disposal without obtaining a permit from the Environmental Protection Agency or the Connecticut Department of Environmental Protection.

In addition, Simsbury-Avon claims that Metacon violated the CWA by discharging lead bullets and debris into the Farmington River and its wetlands without an EPA or DEP permit. The homeowners' group has requested declarative and injunctive relief as well as civil penalties of up to $25,000 per day for each RCRA and CWA violation.

Metacon moved to dismiss the claims, arguing that the group lacks standing to sue. Metacon contends that when the suit was filed May 13, 2004, the Simsbury-Avon Preservation Society did not legally exist. Further, the defendant maintains that adding individual plaintiffs does not cure the original defect.

Judge Janet B. Arterton of the U.S. District Court for the District of Connecticut disagreed. Although the group was officially incorporated five days after the complaint was filed, Simsbury-Avon and its individual members have standing to sue, she found. The judge noted that the group was a de facto corporation May 11, 2004, when its articles of incorporation were first submitted.

The judge dismissed one of the group's RCRA claims, which asserted that Metacon disposed of hazardous waste without a permit. In so ruling, Judge Arterton relied on a January 2001 EPA publication in which the agency concluded that lead shot is not hazardous waste subject to the RCRA at the time it is discharged from a firearm because it is being used for its intended purpose.

Judge Arterton found the EPA's exclusion of lead shot and bullets from the definition of "solid waste" in the RCRA reasonable.

"At the time a target shooter fires a bullet, the shooter is not intending to 'abandon' the bullet but rather to use it to hit a target. He or she is putting the lead bullet to its intended use," she said.


TOPICS: Crime/Corruption; Culture/Society; Miscellaneous; News/Current Events; US: Connecticut
KEYWORDS: banglist; gunrange; guns
Navigation: use the links below to view more comments.
first 1-5051-97 next last
Ugh....this club has been under fire for a while now. This is the back door for the anti's to outlaw shooting....the lead disposal problem!!! I detest these people!
1 posted on 07/20/2005 10:28:56 AM PDT by 2nd amendment mama
[ Post Reply | Private Reply | View Replies]

To: 2nd amendment mama

It is like the people who buy houses next to a farm and then complain about the smell of manure...


2 posted on 07/20/2005 10:31:24 AM PDT by 2banana (My common ground with terrorists - They want to die for Islam, and we want to kill them.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2nd amendment mama

How can Lead be a pollutant? It's an element.


3 posted on 07/20/2005 10:32:02 AM PDT by massgopguy (massgopguy)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2nd amendment mama

When the gun club reclaims the lead their is no problem and this type of lead does not leach out very easily.


4 posted on 07/20/2005 10:33:02 AM PDT by handy old one (It is unbecoming for young men to utter maxims. Aristotle)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2nd amendment mama

This is the stupidest thing I've ever heard. If there's enough to lead there to be considered pollution, there's enough lead there that a person could make money mining it. Oh well, there's no room for common sense when it comes to environmentalism. What's sad is that the EPA will back the plaintiffs all the way.


5 posted on 07/20/2005 10:33:07 AM PDT by Excuse_My_Bellicosity ("A litany of complaints is not a plan." -- G.W. Bush, regarding Sen. Kerry's lack of vision)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2nd amendment mama
Members and guests are permitted to use large and small firearms, including shotguns, assault rifles and anti-tank guns at the site.

Huh? Is that the reporters idea of a euphemism for a .50 cal BMG?

Husband: Honey I'll be back in a couple hours; I'm headed to the range.

Wife: Don't forget the TOW this time!
6 posted on 07/20/2005 10:33:14 AM PDT by andyk (Go Matt Kenseth!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: massgopguy
How can Lead be a pollutant? It's an element.

LOL!
7 posted on 07/20/2005 10:33:48 AM PDT by andyk (Go Matt Kenseth!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: massgopguy

Same way some humans are a pollutant, the place and time make them a pollutant.


8 posted on 07/20/2005 10:34:39 AM PDT by handy old one (It is unbecoming for young men to utter maxims. Aristotle)
[ Post Reply | Private Reply | To 3 | View Replies]

To: 2nd amendment mama

What was there first, the gun club or the homes? I smell a back-door attack, probably instigated by Sarah Brady's bunch of gun-grabbers.


9 posted on 07/20/2005 10:35:09 AM PDT by billnaz (What part of "shall not be infringed" don't you understand?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2nd amendment mama
Members and guests are permitted to use large and small firearms, including shotguns, assault rifles and anti-tank guns at the site.

I want to see a demo of that!

10 posted on 07/20/2005 10:35:32 AM PDT by Excuse_My_Bellicosity ("A litany of complaints is not a plan." -- G.W. Bush, regarding Sen. Kerry's lack of vision)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2nd amendment mama; Mr. Mojo
and anti-tank guns at the site

Wow! That's one hell of a gun club!

11 posted on 07/20/2005 10:36:21 AM PDT by NonValueAdded ("Iraq is the bug light for terrorists" (Mike McConnell 7/2/05))
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2nd amendment mama
Members and guests are permitted to use large and small firearms, including shotguns, assault rifles and anti-tank guns at the site

BWA HAHAHA... I love how the media sensationalizes firearms. Instead of leaving it at "large and small firearms" they take it that extra step to make sure it's known that these people are apparently "EVIL" cuz they use their assault rifles and anti-tank guns.

12 posted on 07/20/2005 10:36:39 AM PDT by rarestia
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2banana

Exactly...when I lived in the country in CT I had people complain about that very issue. Stupidity is rampant in CT and among liberals. Thank God I'm in a red state now...LOL


13 posted on 07/20/2005 10:37:27 AM PDT by 2nd amendment mama ( www.2asisters.org Self defense is a basic human right!)
[ Post Reply | Private Reply | To 2 | View Replies]

To: 2nd amendment mama

And the solubility of lead into water is? ...... Hmmmmm....

Not only this, but the whole "lead free" movement seems to be Chicken Little writ large! Why not ban copper?


14 posted on 07/20/2005 10:38:09 AM PDT by GOP_1900AD (Stomping on "PC," destroying the Left, and smoking out faux "conservatives" - Take Back The GOP!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: massgopguy

So is arsenic.


15 posted on 07/20/2005 10:38:25 AM PDT by Excuse_My_Bellicosity ("A litany of complaints is not a plan." -- G.W. Bush, regarding Sen. Kerry's lack of vision)
[ Post Reply | Private Reply | To 3 | View Replies]

To: 2nd amendment mama

The CT state police range is just down the street from Metacon.

I wonder if it'll be sued too?


16 posted on 07/20/2005 10:38:37 AM PDT by Fixit (comedian.blogspot.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2nd amendment mama
I still don't see how they have standing. They are not allowed on the private property, and nowhere do I see any evidence submitted that the lead content in the river downstream of the gun club is any higher than anywhere else.

These losers are suing the possibility of pollution, trying to place an unbearable burden on the defendant to prove himself innocent.

Not exactly the way the system is supposed to work.

Countersuit.

17 posted on 07/20/2005 10:39:01 AM PDT by Publius6961 (The most abundant things in the universe are ignorance, stupidity and hydrogen)
[ Post Reply | Private Reply | To 1 | View Replies]

To: massgopguy

Plus, have you ever tried to dissolve lead in water? Try it sometime. ;)


18 posted on 07/20/2005 10:39:11 AM PDT by GOP_1900AD (Stomping on "PC," destroying the Left, and smoking out faux "conservatives" - Take Back The GOP!)
[ Post Reply | Private Reply | To 3 | View Replies]

"Simsbury-Avon Preservation Society"

What a bunch of saps...


19 posted on 07/20/2005 10:39:54 AM PDT by Fixit (comedian.blogspot.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Publius6961

This could, if done skillfully, be manipulated into an amicus scenario, whereby the entire "lead free" movement might be discredited and made legally indefensible. T'would be nice.


20 posted on 07/20/2005 10:40:57 AM PDT by GOP_1900AD (Stomping on "PC," destroying the Left, and smoking out faux "conservatives" - Take Back The GOP!)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Excuse_My_Bellicosity

H*ll, I want to join! Sounds like lots of fun!


21 posted on 07/20/2005 10:41:14 AM PDT by proudofthesouth (Boycotting movies since 1988)
[ Post Reply | Private Reply | To 10 | View Replies]

To: GOP_1900AD

I'm sure copper is a little farther down the list. Use of freon is either banned or severly restricted, I'm not sure which, because of the global warming hoax.


22 posted on 07/20/2005 10:42:19 AM PDT by Excuse_My_Bellicosity ("A litany of complaints is not a plan." -- G.W. Bush, regarding Sen. Kerry's lack of vision)
[ Post Reply | Private Reply | To 14 | View Replies]

To: 2banana

Or next to a drag strip and complain about the noise.


23 posted on 07/20/2005 10:43:25 AM PDT by D Rider
[ Post Reply | Private Reply | To 2 | View Replies]

To: Fixit

Good point. The good judge will change her mind in a hurry when the cops all get sued for their firing ranges. Never mind, the judge will probably just pass a law exempting the cops, they can do that now.


24 posted on 07/20/2005 10:44:00 AM PDT by Excuse_My_Bellicosity ("A litany of complaints is not a plan." -- G.W. Bush, regarding Sen. Kerry's lack of vision)
[ Post Reply | Private Reply | To 16 | View Replies]

To: 2nd amendment mama
Thank God I'm in a red state now...LOL

What about those of us you left behind? :-(

25 posted on 07/20/2005 10:44:11 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: proudofthesouth

There's good points to be made on both sides of this argument. Why shouldn't the gun club be a good steward of the environment?
Suburban sprawl is a fact of life in America. Lots of businesses get pushed out by the new surrounding lifestyle. Sure, the pig farmer gets pushed around by his new neighbors. Then he sells for more money than he ever dreamed of.
OTOH, I hope every one of the plaintiffs eschews lawn fertilizer, thereby doing his/her part not to pollute the Farmington River.
BTW, this ammo-pollution is a big part of why the U.S. can't sell off the military bases closed by BRAC. The pollution caused by spent ammo is real, according to our military.


26 posted on 07/20/2005 10:49:52 AM PDT by jjmcgo
[ Post Reply | Private Reply | To 21 | View Replies]

To: Excuse_My_Bellicosity

"Members and guests are permitted to use large and small firearms, including shotguns, assault rifles and anti-tank guns at the site."

My definition of assault weapon and some gun-ignorant reporter's definition of assault weapon would probably differ. A true assault weapon has a selector switch and is capable of either automatic or semiautomatic fire. My semi-auto only Romanian AK is NOT an assault weapon! The reporter probably considers anything that holds more than two rounds to be an assault weapon.

And anti-tank guns? The reporter probably thinks a puny 20mm Lahti is an anti-tank gun. Maybe the reporter saw a .50-cal Barrett on the line. A true anti-tank gun would probably be 90mm or better, like the old M56 Scorpion.


27 posted on 07/20/2005 10:49:56 AM PDT by billnaz (What part of "shall not be infringed" don't you understand?)
[ Post Reply | Private Reply | To 10 | View Replies]

To: D Rider

(hey cousin!)

I wonder if anyone knows if the club was actually doing anything besides normal range operations?


28 posted on 07/20/2005 10:49:56 AM PDT by TC Rider (The United States Constitution 1791. All Rights Reserved.)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Excuse_My_Bellicosity
This is a fantastic gun club. Second Amendment Sisters had a full-auto machine gun shoot there a few years ago. We had so many people show up that we had to turn some away. What was supposed to last 4 - 5 hours went on until it got too dark to shoot. It was an absolute blast.

Imagine, we were hoping that 50 or so people would come...we had hundreds. There were about 30 different weapons to play with. I thought I'd died and gone to heaven.....LOL

Hartford Advocate Article about the event

BTW, I'm the Lee Ann in the article.

29 posted on 07/20/2005 10:50:54 AM PDT by 2nd amendment mama ( www.2asisters.org Self defense is a basic human right!)
[ Post Reply | Private Reply | To 10 | View Replies]

To: billnaz
What was there first, the gun club or the homes?

The gun club. And what's not mentioned in the article, is that the State Police also have a range, just a couple of hundred yards down the road.

30 posted on 07/20/2005 10:51:35 AM PDT by PaulJ
[ Post Reply | Private Reply | To 9 | View Replies]

To: 2nd amendment mama

This is how they closed the range at my company. Range was indoors, small class only, or small loads. But the firing into the back wall did release lead into the air. Rather than fight it, the employees lost a nice range. Why was it a problem?

Well the range was used by other groups during work hours, and they sued. (American Red Cross used the range to run a blood donor program, I always thought that was funny -- lying there giving blood and looking at the holes in the ceiling from mis aimed shots.)


31 posted on 07/20/2005 10:52:40 AM PDT by KC_for_Freedom (Sailing the highways of America, and loving it.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Fixit

Thanks, I forgot to mention that...LOL


32 posted on 07/20/2005 10:53:18 AM PDT by 2nd amendment mama ( www.2asisters.org Self defense is a basic human right!)
[ Post Reply | Private Reply | To 16 | View Replies]

To: 2nd amendment mama
Members and guests are permitted to use large and small firearms, including shotguns, assault rifles and anti-tank guns

The reporter is slipping. They didn't mention anti-aircraft guns, RPGs, and mortars, not to mention Saturday Night Specials.

33 posted on 07/20/2005 10:53:22 AM PDT by Disambiguator (Making accusations of racism is the last refuge of a scoundrel.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2nd amendment mama
The Leftist greenies tried to shut down three shooting ranges around here with that claptrap. They succeeded in shutting down two.

All under the Leftist umbrella of "environmentalism." Gack.

34 posted on 07/20/2005 10:54:58 AM PDT by Prime Choice (Thanks to the Leftists, today's deviants will be tomorrow's oppressed minority.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: basil; dbwz; songbird51; Ladysmith
Ping


35 posted on 07/20/2005 10:55:23 AM PDT by 2nd amendment mama ( www.2asisters.org Self defense is a basic human right!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Puppage
What about those of us you left behind? :-(

You're about to be two fewer in numbers. The communist tide is cresting and it's going to come crashing down. I'd prefer not to be drowned in it.

36 posted on 07/20/2005 10:56:30 AM PDT by Prime Choice (Thanks to the Leftists, today's deviants will be tomorrow's oppressed minority.)
[ Post Reply | Private Reply | To 25 | View Replies]

To: TC Rider
I wonder if anyone knows if the club was actually doing anything besides normal range operations?

Good question

Also, don't most ranges periodically collect the lead to recycle, (ie... easy cash).

37 posted on 07/20/2005 10:59:11 AM PDT by D Rider
[ Post Reply | Private Reply | To 28 | View Replies]

To: TXFireman

ping


38 posted on 07/20/2005 10:59:51 AM PDT by Jonx6
[ Post Reply | Private Reply | To 1 | View Replies]

To: Excuse_My_Bellicosity
Freon, a chloroflourocarbon, was banned because it provably damaged the stratospheric ozone layer, not because of global warming. The ozone layer significantly decreases the amount of the Sun's ultraviolet rays hitting the earth. This is from a report prepared for the National Oceanic and Atmospheric Administration:

Any drop in ozone level, whether from SSTs (supersonic jets) or CFCs would allow more ultraviolet light to reach the Earth s surface--an effect that holds severe consequences for life on the planet. Exposure to ultraviolet light enhances an individual's risk for skin cancer and cataracts so an increase in this radiation could lead to more cases of such diseases. Ultraviolet light also harms food crops and other plants as well as many species of animals."

39 posted on 07/20/2005 10:59:54 AM PDT by jjmcgo
[ Post Reply | Private Reply | To 22 | View Replies]

To: 2nd amendment mama

Thanks for posting this. It's not what I wanted to hear(especially since it's federal), but what I needed to hear.


40 posted on 07/20/2005 11:00:22 AM PDT by Dan from Michigan (Member - NRA, SAF, MGO, SAFR)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2nd amendment mama
Well, I'm marching right down to my range and DEMANDING that they let me use anti-tank weapons.

OK, it is an indoor range...

41 posted on 07/20/2005 11:01:15 AM PDT by Billthedrill
[ Post Reply | Private Reply | To 1 | View Replies]

To: andyk

I wish I could fire off a TOW. Could get a little pricey though. I wonder if you can load your own TOW.


42 posted on 07/20/2005 11:02:07 AM PDT by dc27
[ Post Reply | Private Reply | To 6 | View Replies]

To: Billthedrill

ROTFLMAO.....


43 posted on 07/20/2005 11:02:47 AM PDT by 2nd amendment mama ( www.2asisters.org Self defense is a basic human right!)
[ Post Reply | Private Reply | To 41 | View Replies]

To: 2nd amendment mama
Image hosted by Photobucket.com didn't they have to pass a dec environmental impact study before they opened??? if so... case closed.
44 posted on 07/20/2005 11:04:52 AM PDT by Chode (American Hedonist )
[ Post Reply | Private Reply | To 1 | View Replies]

To: handy old one

"the motivation of most hackers is not criminal"

The homeowners are basically upset about the noise, so the range should install a steel backdrop to collect spent rounds. Make it in such a way that the echo will be tenfold the previous noise. The idiots knew there was a shooting range there when they bought the houses!


45 posted on 07/20/2005 11:07:34 AM PDT by bk1000 (A clear conscience is a sure sign of a poor memory)
[ Post Reply | Private Reply | To 4 | View Replies]

To: billnaz
I smell a back-door attack, probably instigated by Sarah Brady's bunch of gun-grabbers.

You can be sure of that. Most lawsuits are LAWYER MOTIVATED, NOT plaintif motivated.

46 posted on 07/20/2005 11:08:15 AM PDT by JudgemAll (Condemn me, make me naked and kill me, or be silent for ever on my gun ownership and law enforcement)
[ Post Reply | Private Reply | To 9 | View Replies]

To: 2nd amendment mama

They tried this with a gun club I was a member of. They had a hundred year lease granted in 1910.

They will be gone in 2010 no doubt.

Whatever it takes is whatever they are willing to do.

And they are willing to wait.


47 posted on 07/20/2005 11:11:04 AM PDT by mmercier
[ Post Reply | Private Reply | To 1 | View Replies]

To: andyk

....and anti-tank guns at the site.

Wasn't there something in Private Ryan about a sock soaked in oil? What's the fun in that? I'll stick by my Ruger thank you.


48 posted on 07/20/2005 11:14:29 AM PDT by Mrs. Shawnlaw (Rock beats scissors. Don't run with rocks. NRA)
[ Post Reply | Private Reply | To 6 | View Replies]

To: dc27

" I wonder if you can load your own TOW."

Bookmarking for potential future Darwin Award candidate! ;^)


49 posted on 07/20/2005 11:14:33 AM PDT by bk1000 (A clear conscience is a sure sign of a poor memory)
[ Post Reply | Private Reply | To 42 | View Replies]

To: D Rider
Also, don't most ranges periodically collect the lead to recycle, (ie... easy cash).

Indoor ranges collect lead, brass, etc on a regular basis, I'm not sure about outdoor ranges.

I recall hearing about the National Park Service doing some tests on a long established outdoor range in WV. They found no leaching of lead at any level.

(cripes, you can visit any old Civil War battlefield and still find intact bullets.)

50 posted on 07/20/2005 11:15:36 AM PDT by TC Rider (The United States Constitution 1791. All Rights Reserved.)
[ Post Reply | Private Reply | To 37 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-97 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson