Judge: EPA must regulate ship water discharge

Environmental

An appeals court Wednesday upheld a ruling ordering the Environmental Protection Agency to regulate the water discharged from ships as a way to protect local ecosystems from invasive species.

The 9th U.S. Circuit Court of Appeals said it agreed with the federal judge who in 2005 ruled that the EPA exceeded its authority in exempting certain ship discharges from the pollution control requirements of the 1972 Clean Water Act.

A handful of environmental groups and states sued the EPA to require it to regulate ballast water because of concerns that invasive aquatic species such as mollusks were being pumped into local waters.

Except for sewage, ship discharges are exempt from regulation. Wednesday's court ruling applies to bilge water and non-sewage wastewater from a ships' showers, laundries, galleys and engines.

While the EPA was appealing the judge's decision, it also drafted regulations requiring oceangoing freighters to dump ballast water at least 200 miles from shore and refill their tanks with new seawater to flush and kill invasive freshwater species.

The agency is taking public comments on the regulations, which would take effect Sept. 30.

"We're reviewing the decision to determine next steps," Benjamin H. Grumbles, EPA's assistant administrator for water said in a statement. "It's commonsense and good environmental policy not to require millions of boaters and vessel owners to get federal clean water permits."

The ruling comes as efforts to establish a federal standard for cleaning up ballast water have stalled in Congress. Among other issues, California officials have expressed concerns to lawmakers that the state's stricter standards could be pre-empted by a weaker federal law.

Some environmental groups contend the EPA's plan to block foreign species does little to prevent exotics from slipping into U.S. ports and water bodies.

"It's a good first step," said Nina Bell, executive director of Northwest Environmental Advocates, one of the groups that brought the lawsuit. "But the EPA's got a long way to go when it comes to regulating ballast water."

Numerous invasive species have devastated aquatic ecosystems throughout the country. In the Great Lakes, global hitchhikers such as the quagga mussel and the freshwater ruffe fish out-compete native species for food, spread disease and cost the regional economy billions a year.

Six states, including New York, Wisconsin and Pennsylvania, joined as plaintiffs in the suit. A shipping industry group joined the EPA in fighting the regulations.

Related listings

  • EPA dropped wetlands cases after high court ruling

    EPA dropped wetlands cases after high court ruling

    Environmental 07/08/2008

    The Bush administration didn't pursue hundreds of potential water pollution cases after a 2006 Supreme Court decision that restricted the Environmental Protection Agency's authority to regulate seasonal streams and wetlands.From July 2006 through Dec...

  • Court says no deadline for EPA on global warming

    Court says no deadline for EPA on global warming

    Environmental 06/27/2008

    A federal appeals court refused Thursday to make a resistant Bush administration speed up a decision on whether greenhouse gases and global warming threaten public health and welfare.The U.S. Court of Appeals for the District of Columbia denied a pet...

  • 3 states head to court to keep control over wolves

    3 states head to court to keep control over wolves

    Environmental 05/07/2008

    Three states are defending their ability to sustain a gray wolf population in the Northern Rockies, asking to be heard in a federal lawsuit that seeks to return the wolves to the endangered species list.The U.S. Fish and Wildlife Service decided to r...

Illinois Work Injury Lawyers – Krol, Bongiorno & Given, LTD.

Accidents in the workplace are often caused by unsafe work conditions arising from ignoring safety rules, overlooking maintenance or other negligence of those in management. While we are one of the largest firms in Illinois dedicated solely to the representation of injured workers, we pride ourselves on the personal, one-on-one approach we deliver to each client.

Work accidents can cause serious injuries and sometimes permanent damage. Some extremely serious work injuries can permanently hinder a person’s ability to get around and continue their daily duties. Factors that affect one’s quality of life such as place of work, relationships with friends and family, and social standing can all be taken away quickly by a work injury. Although, you may not be able to recover all of your losses, you may be entitled to compensation as a result of your work injury. Krol, Bongiorno & Given, LTD. provides informed advocacy in all kinds of workers’ compensation claims, including:

• Injuries to the back and neck, including severe spinal cord injuries
• Serious head injuries
• Heart problems resulting from workplace activities
• Injuries to the knees, elbows, shoulders and other joints
• Injuries caused by repetitive movements

For Illinois Workers’ Compensation claims, you will ALWAYS cheat yourself if you do not hire an experienced attorney. When you hire Krol, Bongiorno & Given, Ltd, you will have someone to guide you through the process, and when it is time to settle, we will add value to your case IN EXCESS of our fee. In the last few years, employers and insurance carriers have sought to advance the argument that when you settle a case without an attorney, your already low settlement should be further reduced by 20% so that you do not get a “windfall.” Representing yourself in Illinois is a lose-lose proposition.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read