Forest Service Not Liable For Lead Contamination, 9th. Cir. Says

The US Forest Service can’t be held responsible for contamination in Kaibab National Forest in Arizona for refusing to limit lead ammunition, the Ninth Circuit ruled Friday.

“A decision by an agency not to regulate—whether the lack of regulation represents a conscious decision or a lack of initiative—is passive conduct,” a three-judge panel on the US Court of Appeals for the Ninth Circuit said. “In and of itself, nonregulation contributes nothing to the disposal of hazardous waste.”

The Center for Biological Diversity, Sierra Club, and Grand Canyon Wildlands Council claimed that California condors and other bird species are exposed to ...