ELR Citation: 53 ELR 20142
No(s). 21-15907 (9th Cir. Sep 1, 2023)

The Ninth Circuit affirmed dismissal of a lawsuit alleging the Forest Service was liable as a contributor under RCRA for failing to regulate use of lead ammunition by hunters in Kaibab National Forest. Environmental groups argued that, even though the Service's activity was not the direct source of lead ammunition, it was liable as a contributor by virtue of (1) its general regulatory authority over the forest, (2) the control it exercised by issuing special use permits for outfitters and guides, and (3) its status as an owner of the forest. A district court concluded the Service was not liable under RCRA and dismissed the suit for failure to state a claim. The appellate court found that the Service's choice not to regulate despite having authority to do so did not manifest the type of actual, active control contemplated by RCRA; that the Act did not impose a duty on the Service to regulate special use permits; and that mere ownership of the forest was insufficient to establish contributor liability. It affirmed dismissal for failure to state a claim.