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Member
Posts: 2680
Location: Essexville, MI./Saginaw Bay. | Federal Court Rules on Ballast Discharge permits
SAN FRANCISCO -- A federal judge has ruled that the government no longer can allow ships to dump without a permit any ballast water containing nonnative species that could harm local ecosystems. U.S. District Judge Susan Illston ordered the USEPA on Thursday, March 31, to immediately repeal regulations exempting ship operators from having to obtain such permits.
The U.S. District Court handed down the decision that will protect the Great Lakes from aquatic nuisance species. The court order involved a petition filed in 1999 by Northwest Environmental Advocates, The Ocean Conservancy, The Great Lakes Sport Fishing Council and other conservation groups, against the USEPA for the federal regulation that exempts ballast water discharges from federal water pollution rules. The EPA exemption for ballast water violated the Clean Water Act and created a loophole that allowed invasive species to enter our Great Lakes waters. That loophole is now closed.
The EPA has estimated that aquatic nuisance species cost the Great Lakes region $5 billion per year in damages.
When the EPA denied the petition, the conservation groups filed a lawsuit in federal court in San Francisco in 2003. Michigan Attorney General Mike Cox and seven other attorneys general from the Great Lakes region filed friend-of-the-court briefs also urging the EPA to repeal the exemption.
The court granted summary judgment to the plaintiffs in the case, and EPA has been ordered to repeal the exemption. The judge also ordered the parties to appear for a further case management conference on Friday, April 15, to discuss further proceedings in this action.
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To view a copy of the court order click below:
http://www.saginawbay.com/pdf/ballast-water.pdf | |
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Member
Posts: 538
| I am happy to hear this decision. Do you have any idea how they will enforce this? Honor system? Just curious how the what the practical result will be. Granted something is better than nothing, but how will/can this be enforced and proven?
Take care,
Jim Ordway | |
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Member
Posts: 2680
Location: Essexville, MI./Saginaw Bay. | Jim Ordway - 4/4/2005 3:01 PM
I am happy to hear this decision. Do you have any idea how they will enforce this? Honor system? Just curious how the what the practical result will be. Granted something is better than nothing, but how will/can this be enforced and proven?
Take care,
Jim Ordway
I haven't a clue Jim. But transfering 100,000 gallons of bilge water, has to draw a little more attention than trowing an empty can overboard. It would not be a risk I'd take with the repsonsibility of loosing or delaying some valuable cargo. Or at least they now know it's illegal. It may be closing the gate after the cows already got out, but I'm at least glad it's finally in place. | |
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Member
Posts: 188
Location: Westland, Mich. | i think they have to do it while off shore before they enter the st. lawrence seaway and after a seaway pilot has boarded. | |
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It's about time.