Decision by DEP and Fish and Game Council continues a reckless policy that puts wildlife and consumers of wild game meat at extreme risk
TRENTON, N.J. — Animal Wellness Action and the Center for a Humane Economy today announced the filing of a Notice of Appeal challenging the New Jersey Department of Environmental Protection (DEP) and the Fish and Game Council’s denial of a petition seeking a phased-in prohibition on the use of lead-based ammunition for hunting in the Garden State. The petitioners are being represented in the appeal by Doris Lin, the head of Legal Affairs for Animal Protection League of New Jersey.
The appeal asks the court to review and overturn the agencies’ denial, arguing that the decision was arbitrary, capricious, and inconsistent with both the factual record and applicable law governing agency rulemaking petitions.
The petition presented extensive evidence documenting the dangers posed by lead ammunition to wildlife, scavenging birds, ecosystems, and public health. Scientific studies have repeatedly demonstrated that lead fragments left in carcasses and gut piles can poison eagles, hawks, vultures, and other wildlife, while lead particles can also remain in game meat consumed by hunters and their families.
“The science on lead ammunition is definitive and unassailable,” said Wayne Pacelle, president of Animal Wellness Action and the Center for a Humane Economy. “Lead is a potent neurotoxin that puts brains, hearts, and other organs at risk, and the highly toxic element has dangerous effects on all life forms, whether human children, food bank patrons, bald eagles, or foxes. The United States banned lead ammunition in waterfowl hunting 35 years ago, and that policy should applied to hunting of any and all state-regulated game species.”
The organizations contend that DEP and the Fish and Game Council failed to meaningfully address substantial evidence contained in the petition, including information regarding the environmental and public-health impacts of lead ammunition and the widespread availability and cost-competitiveness of non-lead alternatives. Instead, the agencies relied on false claims about the availability and cost and sidestepped their responsibility to place a priority on wildlife protection.
“The DEP and the Fish and Game Council are tasked with conserving the environment and wildlife. Continuing to allow lead ammunition to poison our food, water, and soil serves no purpose and goes against the agencies’ mission,” said Lin.
“The denial suffers from serious legal and factual defects,” added Kate Schultz, counsel for the petitioners. “New Jersey law requires agencies to engage with the evidence presented in a rulemaking petition and provide a reasoned explanation for rejecting it. Here, the agencies largely ignored key evidence, made unsupported factual claims about ammunition availability and costs, and relied on rationales that do not withstand scrutiny under established administrative law principles.”
The appeal further argues that concerns about implementation or enforcement cannot justify rejecting a rulemaking petition aimed at addressing a documented environmental and wildlife-harm problem. Agencies routinely adopt and enforce regulations that require education, compliance efforts, and phased transitions. The petitioners maintain that administrative convenience cannot serve as a lawful basis for refusing to consider measures designed to reduce toxic lead contamination.
“The question before New Jersey is simple,” said Nicolas W. Platt, New Jersey state director of Animal Wellness Action. “Should wildlife, ecosystems, and hunting families continue to be exposed to a toxic substance when safer alternatives are available? The court should require the agency to assess the science and not default to spurious claims about widely available non-toxic ammunition that millions of hunters across the nation already use.”
Platt added that “for the New Jersey Division of Fish & Wildlife to oppose this regulation is very troubling and more than a bit bewildering.”
The organizations also note that legislation has been introduced in the New Jersey Legislature by Senator Andrew Zwicker (SB4225) and Representative Ellen Park (AB5021) to phase out the use of lead ammunition for hunting, reflecting growing recognition among policymakers that lead exposure poses unacceptable risks to wildlife and public health. The legislative effort underscores the increasing momentum behind replacing lead ammunition with safer, readily available, cost-effective alternatives elements and alloys.