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 previous 1-2021-4041-6061-8081-97 next last
To: absolootezer0

It's all just a back-door effort to make us go away. Fat chance of that happening. That's why we fight them every day in every way!


61 posted on 07/20/2005 11:26:49 AM PDT by 2nd amendment mama ( www.2asisters.org • Self defense is a basic human right!)
[ Post Reply | Private Reply | To 57 | View Replies]

To: 2nd amendment mama

Winchester now makes No Lead ammo.

Not sure if that applies to anti-tank stuff though. :)


62 posted on 07/20/2005 11:28:44 AM PDT by Vinnie
[ Post Reply | Private Reply | To 1 | View Replies]

To: bk1000
" I wonder if you can load your own TOW."

Bookmarking for potential future Darwin Award candidate! ;^)

Just as long as I stay far enough away from the water heater, I should be ok.

63 posted on 07/20/2005 11:28:59 AM PDT by dc27
[ Post Reply | Private Reply | To 49 | View Replies]

To: Excuse_My_Bellicosity

>> judge will probably just pass a law exempting the cops, they can do that now.

Try and buy a box of black talons without a badge.


64 posted on 07/20/2005 11:29:32 AM PDT by mmercier
[ Post Reply | Private Reply | To 24 | View Replies]

To: 2nd amendment mama

yeah. they've already got the front door blocked (nfa restricted silencers, AP-ammo bans) now they're coming from behind using other agencies as their clout since they're running low on things they can do themselves.
if this doesn't work, next will be eminent domain. (altho i don't know how they'd be able to put up anything on this "lead polluted" area)


65 posted on 07/20/2005 11:35:06 AM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
[ Post Reply | Private Reply | To 61 | View Replies]

To: absolootezer0

Yeah, they'll probably take the land by eminent domain then sue the "former owner" to pay for the cleanup! They're all scum!


66 posted on 07/20/2005 11:41:01 AM PDT by 2nd amendment mama ( www.2asisters.org • Self defense is a basic human right!)
[ Post Reply | Private Reply | To 65 | View Replies]

To: Vinnie

Probably does ... tungsten or tungsten carbide.


67 posted on 07/20/2005 11:42:27 AM PDT by coloradan (Hence, etc.)
[ Post Reply | Private Reply | To 62 | View Replies]

To: mmercier

i see a lot of it on gunbroker. looks like it goes $40/ 50rds but its there.


68 posted on 07/20/2005 11:45:16 AM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
[ Post Reply | Private Reply | To 64 | View Replies]

To: GOP_1900AD

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


Actually, in the case of lead pipes, they are no longer approved for plumbing for potable weater because tap water from some aquifers, depending on the ph of the water, can leach lead from the interior walls of the pipe, especially when the water sits in the pipe due to infrequent use. Where you have free lead in the soil, down range at a gun club, I doubt that the leaching of lead from the slugs by rainwater or groundwater would be a measurable problem. I think the tree huggers are nuts on this one.


69 posted on 07/20/2005 11:45:39 AM PDT by Big Digger (I)
[ Post Reply | Private Reply | To 18 | View Replies]

To: andyk

Nope. There are people out there with stuff like 37 mm AT guns and 20mm AT rifles.

Cool, eh?


70 posted on 07/20/2005 11:46:38 AM PDT by Little Ray (I'm a reactionary, hirsute, gun-owning, knuckle dragging, Christian Neanderthal and proud of it!)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Excuse_My_Bellicosity
I got to shoot a 20mm Latti (sp? old finnish anti tank rifle) at the machine gun shoot outside Reno a couple of months ago.

Talk about power finger.

I shot a junked school bus with it. Still making me grin.

71 posted on 07/20/2005 11:48:21 AM PDT by Dinsdale
[ Post Reply | Private Reply | To 10 | View Replies]

To: 2nd amendment mama

Make sure they're incorporated and then just declare bankruptcy, which is the plaintiff's goal anyway. Force the gun club into legal bills it can't afford.


72 posted on 07/20/2005 11:48:44 AM PDT by jjmcgo
[ Post Reply | Private Reply | To 66 | View Replies]

To: Big Digger

They are nuts on the entire RoHS (Reduction of Hazardous Substances) program. They worst are the EU. As a result: Lead solder, Bromine flame retardant, Berylium-Copper, and a number of other things are being phased out. Throw a printed circuit board onto the ground in the woods. Come back in 100 years. It would barely be decomposed. Some small (and I do mean small) portion of the lead would have leached into the soil and dispresed to an immeasurable concentration. The reamining lead, coated with oxide, would not have gone anywhere. The Bromine in the laminate would still be there. Etc.


73 posted on 07/20/2005 11:50:44 AM PDT by GOP_1900AD (Stomping on "PC," destroying the"and Left, and smoking out faux "conservatives" - Take Back The GOP!)
[ Post Reply | Private Reply | To 69 | View Replies]

To: 2nd amendment mama
Not worth it.

They are nitwits who do not support themselves.

"The political arena leaves one no alternative, one must either be a dunce or a rogue." - Emma Goldman
74 posted on 07/20/2005 11:57:32 AM PDT by mmercier (all is lost here)
[ Post Reply | Private Reply | To 58 | View Replies]

To: Little Ray
There are people out there with stuff like 37 mm AT guns and 20mm AT rifles.

I don't think the writer's copy conjured up images of antiques in its readers' minds.
75 posted on 07/20/2005 11:59:22 AM PDT by andyk (Go Matt Kenseth!)
[ Post Reply | Private Reply | To 70 | View Replies]

To: Excuse_My_Bellicosity
Actually freon was part of the "hole in the ozone" hoax not the global warming hoax. Let's try to keep our scientific hoaxes straight.
76 posted on 07/20/2005 12:06:11 PM PDT by Busywhiskers ("...moral principle, the sine qua non of an orderly society." --Judge Edith H. Jones)
[ Post Reply | Private Reply | To 22 | View Replies]

To: absolootezer0
Law enforcement personnel can purchase talons, not civilians; at least in the Masshole of the republic.

Hydroshocks are just fine, and available to citizens... as are glassers.
77 posted on 07/20/2005 12:12:18 PM PDT by mmercier
[ Post Reply | Private Reply | To 68 | View Replies]

To: Busywhiskers

Oops, I need to keep my enviralist scams straight. :)


78 posted on 07/20/2005 12:14:05 PM 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 76 | View Replies]

To: mmercier

how do starfires rate? i've heard they're every bit as good as talons. personally, i'm loaded with gold sabres in the .45 under my bed.


79 posted on 07/20/2005 12:14:23 PM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
[ Post Reply | Private Reply | To 77 | View Replies]

To: jjmcgo

It kind of makes me wonder how Freon damages the ozone layer when it is heavier than air. And, the only way to destroy the ozone layer is to put out the sun.


80 posted on 07/20/2005 12:16:08 PM 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 39 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-8081-97 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