Pond Boss Forums GENERAL QUESTIONS Pond Boss Good News! EPA ordered to do their job!

After 188 exotics have come into our Great Lakes mostly via ballast water discharge from boats a court had rules that marine vessels are not exempt from the Clean Water Act. About time!


EPA MUST APPLY CLEAN WATER ACT TO MARINE VESSEL DISCHARGES
- The Ninth Circuit Court of Appeals has affirmed that
the EPA cannot exempt certain marine discharges from the
permit requirements of the Clean Water Act (see the
Quarterly Fall 06 p.9). It found in part that the various
federal statutes that attempt to control the introduction
and spread of invasive species show Congress' attempt to
address ballast discharges of invasives, "on multiple
nonexclusive fronts." There is no indication of
congressional intent to acquiesce in the 1973 EPA marine
discharge exemption. The court also agreed that the EPA
must bring discharges within the CWA permitting process by
September 30, 2008. Northwest Environmental Advocates v.
EPA, Nos.03-74795, -06-17187, -17188 (9th Cir., July 23,
2008).
--

i believe the ninth circus court is in S.F.

on the recreational boat side of things........we've been dealing w/ boat inspections for over a year now, everytime you want to boat or recreate on inland reservoirs. its a 15 minute to 1/2 hr process before being allowed to launch. they've been attempting to stop the spread of certain mussel species brought in by overseas boats (bilge discharge contamination sourced in the Bay which spread to Bay area inland lakes by recreational boaters using both). even if yer boat has not been in mussel infested waters, if you live in certain zip codes you are not allowed to boat in certain inland lakes now....

Cecil, The Ninth Circus Court of Appeals is the nuttiest, most over-turned circuit court in the USA. I don't think you can depend on much from that bucket of bone heads.

Thank you Dwight and you are right. So bad that the states out west that are in that district have demanded to be taken out and put in a separate one leaving only Cal and possibly Or and Wash in the 9th.

I don't care if it's located in Disney World. We're hurting from exotics coming in one after another here in the Great Lakes region and the EPA doesn't want to do it's job.

Yeah please keep the politics off the site.

I did not bring up any politics. Did I refer to any political party or anything political? I simply want the EPA to do their job keeping contaminated ballast water out of our Great Lakes. And I applaud any court that rules they need to do so. I made no comment about the ninth circuit court. Dwight and Eric did.

I think letsrodeo was just speaking in general terms Cecil. I agree you did not introduce politics into this thread.

The 9th Circuit Court of Appeals has the largest jurisdiction of any court of appeals including the following areas: California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska, Hawaii, Guam and the Northern Mariana Islands. We don't even know where the Northern Mariana Islands are.


From a news source related to the 2006 year:
The 9th Circuit also has a long-running streak as the most overturned, which went unbroken this year. The Supreme Court reviewed 22 cases from the 9th Circuit last term [2006], and it reversed or vacated 19 times. By comparison, the Supreme Court reviewed only five cases, vacating or reversing four, from the next-busiest court of appeals, the 5th Circuit based in New Orleans.

In other words, although the 9th Circuit decided only one-third more appeals on the merits than the 5th Circuit, it was reversed nearly five times more often.

Those are just facts, not politics just facts. As an also and besides many of us Californian's disagree with the majority of the decisions by our notorius appellate court. We did lobby to have the court moved to Disneyland since we believed that would be a more appropriate location for this Mickey Mouse court that seems to exist in an imaginary world but even Disneyland refused to take them. Six of the Seven Dwarves threatened to leave Disneyland if the court was moved there. The seventh, Sleeply, could not be reached for comment.

North of the Southern Marianas Islands, JHAP. Times like this cause me to question the value of public education in the great state of California.

ahhhhh, I was sick that day, yea that's the ticket.

or drunk and not paying attention. (oh, sorry, that was a different thread).