Last week, after a year and a half of stalled litigation seeking to force the U.S. Fish and Wildlife Service (FWS) to ban lead ammo in the Canaan Valley National Wildlife Refuge, the plaintiffs stipulated a dismissal of their lawsuit.
Every year, FWS opens new and modifies pre-existing hunting and fishing opportunities through “station-specific” refuge regulations. The 2022-23 proposed rule announced that the Service would be phasing out lead ammunition on the Canaan Valley Refuge. However, after going through the notice and comment period, FWS decided not to phase out lead ammo on the refuge.
A group of environmental plaintiffs, led by The National Wildlife Refuge Association and the Sierra Club filed suit in July 2023, seeking to force FWS to go forward with the ban on lead ammunition. The Sportsmen’s Alliance Foundation, along with Safari Club International and the National Rifle Association, intervened in the case to defend the decision.
“The suit was baseless from the start,” said Michael Jean, Litigation Counsel for Sportsmen’s Alliance Foundation. “You cannot use the courts to force agencies to make rules, unless Congress has specifically required the agency to make the rule, and there is no such mandate from Congress in the 1997 Improvement Act, or any other law.”
Instead, this is part of the “sue and settle” tactic. The U.S. Chamber of Commerce defines sue and settle as accepting “a lawsuit from outside advocacy groups that effectively dictates the priorities and duties of the agency through legally binding, court-approved settlements negotiated behind closed doors—with no participation by other affected parties or the public.” This tactic has been common with environmental groups and the current administration, which led the House Oversight Committee to conduct an inquiry into the practice.
In the end, the settlement mainly requires FWS to revisit the lead ammo issue on the Canaan Valley Refuge in the next station-specific rulemaking. “It’s a textbook sue-and-settle case; the outcome dictates FWS’ priorities with the refuge going forward,” Jean concluded.
Sportsmen’s Alliance fights for all sportsmen, and we will be fighting for hunters in that rulemaking process – including going back to court if necessary.
The Sportsmen’s Alliance guarantees hunting, fishing and trapping for the American sportsman now and forever. We’re there when sportsmen need us most. We are the only organization specifically created to protect the individual hunter, angler and trapper – no matter the threat. We will never compromise when it comes to defending our way of life in the courts, in the legislatures, in the public square and at the ballot box. We make this promise to the American sportsman: we will never give up and never give in while proudly securing our future against those seeking to destroy our values, beliefs, and traditions. Stay connected to Sportsmen’s Alliance: Online, Facebook, Twitter and Instagram.
