| Office of Information and Public Affairs | Washington, DC 20207 |
| FOR IMMEDIATE RELEASE September 7, 2005 Release #05-259 | CPSC Hotline: (800) 638-2772 CPSC Media Contact: (301) 504-7908 |
WASHINGTON, D.C. – The United States Court of Appeals for the Third Circuit affirmed the dismissal of a lawsuit filed against the U.S. Consumer Product Safety Commission by the family of a teenager who was shot with an airgun. The family challenged the settlement agreement between CPSC and Daisy Manufacturing Co. The three judge panel unanimously ruled that the CPSC's action in settling the administrative lawsuit was unreviewable under the Administrative Procedure Act.
The Third Circuit agreed with the District Court that "there are no guidelines governing the agency's decision to accept Daisy's proposed settlement. As the District Court stated, there are ‘no provisions limiting the discretion of the Commission, no instructions to follow in making its determinations, and no factors to be considered in making a decision.'"
More information is available about the consent agreement between CPSC and the Daisy Manufacturing Co.