Environmental Stewardship of Florida Shooting Ranges

In Florida, there are over 400 shooting ranges that attract about one million enthusiasts every year. Recently, there has been more focus on regulating these ranges due to high-profile cases. This has led to the involvement of organizations like the NRA and NSSF, as well as public and private gun clubs. New laws and environmental practices have been developed for Florida shooting ranges. In Florida, there are strict regulations on discharges of pollutants, and liability is imposed under F.S. Chs. 376 and 403. In 2003, a law was passed allowing shooting ranges to use a risk-based corrective action approach for site rehabilitation. The Florida Department of Environmental Protection can sue people or businesses for polluting the environment or causing harmful substances to be released. If someone is hurt because of pollution, they can also take legal action. A court case in 2004 said that a person living next to a polluting property can sue without having to prove who caused the pollution. Shooting ranges in Florida are responsible for following environmental laws, and the state has been cracking down on violations. Gun clubs tried to stop this by getting a law passed in 2004 that would prevent the state from enforcing environmental laws at shooting ranges and punish officials who tried to do so. The law that was passed tells shooting range owners to follow specific environmental practices set by the FDEP. The shooting range law says that shooting ranges are important for the Second Amendment and the state constitution. It also encourages safe gun handling and environmental management at ranges. The law protects shooting range owners and operators from lawsuits related to environmental impact, as long as they follow proper management practices. The penalties for violating the shooting range law in Florida are very serious, especially for government officials. Because of these penalties, government officials are hesitant to enforce the law at shooting ranges. This makes it hard to know how well shooting ranges in Florida are following the law. The law doesn’t stop the state from enforcing other environmental laws, but it does make officials less likely to take action. The federal government has regulations that shooting range owners need to follow. The laws include the Resource Conservation and Recovery Act (RCRA), Clean Water Act, and Comprehensive Environmental Response Compensation and Liability Act (CERCLA). RCRA regulates how solid and hazardous waste is handled. Lead found in soils at shooting ranges may be considered hazardous waste, but shooting range owners can limit their exposure by following best management practices. So far, the Florida Department of Environmental Protection has not enforced RCRA on shooting ranges, but owners should still be aware of the regulations. Under the Clean Water Act, it’s illegal to release pollutants from a specific source into U.S. waters without a permit. Courts in the U.S. have debated whether shooting ranges fall under this law, and while Florida hasn’t issued permits for shooting ranges, owners should be aware of potential regulations. Additionally, the EPA can take action against shooting ranges for lead contamination under CERCLA, so owners need to be aware of their liability. To follow the Florida shooting range law, the FDEP gave out manuals and held workshops to help shooting range owners and operators protect the environment. They were also required to come up with a plan to address any environmental concerns. If there’s pollution at a range, the FDEP has to come up with a plan to clean it up based on the type of land use. The plan should include details about the range, the surrounding environment, and any potential issues. Shooting ranges can have a big impact on the environment because of lead contamination. Lead can get into the soil, water, and even plants and animals. It can happen through things like rain and wind carrying away lead from the shooting range. The way the land is shaped and what kind of plants are around can also make a difference. And the type of soil can affect how much lead gets carried away. It’s important to look at all these factors when figuring out how to clean up a shooting range. The BMP Manual provides management alternatives for shooting ranges to protect the environment. Shooting ranges should consider options like removing lead and clay build-up, controlling soil pH, and monitoring water and wildlife. By following these guidelines, shooting ranges can avoid potential environmental issues and legal trouble. It’s important for shooting range owners to be aware of the laws and regulations that apply to their activities. In simple terms, the Florida Bar aims to teach its members to be responsible and helpful to the public, improve how the law is carried out, and make progress in legal studies.

Source: https://www.floridabar.org/the-florida-bar-journal/environmental-stewardship-of-florida-shooting-ranges/