ELR Citation: 41 ELR 20307
No(s). 10-2007 (D.D.C. Sep 29, 2011) (Sullivan, J.)

A district court dismissed environmental groups' action against EPA seeking the regulation of lead shot and bullets under TSCA. In August 2010, the group petitioned EPA to regulate lead shot, bullets, and fishing sinkers under the Act. EPA denied the requests in two separate letters: one concerning lead shot and bullets that was sent in August, and a second letter sent in November concerning fishing sinkers. After the group received the second letter, it filed suit challenging EPA's denial of the rulemaking petition. TSCA, however, provides a 60-day time period to file a civil action. Because the groups received EPA's denial as to lead shot and bullets in August but did not challenge EPA's denial until late November, they missed the deadline. The court, therefore, lacks subject matter jurisdiction over the portion of their action related to lead shot and bullets.