Joint Statement on BATF Litigation
This message will outline the current status and progress of our efforts in the U. S. Court of Appeals in Washington, DC.
After nearly seven years of work, we have prevailed in our efforts to remove unnecessary and illegal regulations from the sport rocketry hobby.
On February 10, 2006, the United States Court of Appeals for the District of Columbia Circuit rendered its opinion as to whether the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) had properly classified APCP propellant as an explosive. The court found in favor of the National Association of Rocketry and Tripoli Rocketry Association and remanded the matter back to the agency.
The full opinion is available for download. It reads in part:
"The problem in this case is that ATFE's explanation for its determination that APCP deflagrates lacks any coherence. We therefore owe no deference to ATFE's purported expertise because we cannot discern it. ATFE has neither laid out a concrete standard for classifying materials along the burn-deflagrate-detonate continuum, nor offered data specific to the burn speed of APCP when used for its 'common or primary purpose.' On this record, the agency's decision cannot withstand judicial review."
This significant legal win came about due to the combination of the skill and dedication of our legal team, Joe Egan, Marty Malsch, John Lawrence and John Kyte, and your steadfast financial support since 1999. Without that skill and particularly without your financial and moral support, we would not have succeeded in the effort to remove what is now recognized as the illegal regulation of our hobby. We congratulate Joe and his team, and we thank you for your incredible efforts over this nearly seven year odyssey.
Members should also be aware that this decision comes immediately after Joe Egan underwent surgery in New York City. The surgery was successful and Joe is expected to make a full and speedy recovery. Members wishing to offer congratulations for both legal and medical reasons may send such expressions to:
Joseph Egan
Egan, Fitzpatrick, Malsch & Cynkar, PLLC
8300 Boone Boulevard
Suite 340
Vienna, VA 22182
We are currently discussing next steps and practical, regulatory implications of the Court's opinion with counsel, and will offer further feedback after we've completed that discussion. We expect to offer that feedback to members sometime in the next week to ten days
Ken Good, President
Tripoli Rocketry Association
Mark Bundick, President
National Association of Rocketry
As always, you can send me your comments via email, or mail them to me at
Mark Bundick
423 Sunset Drive
Lakewood, IL 60014-5332