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).
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Last edited by Cecil Baird1; 08/04/08 10:06 AM.
