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Tuesday, December 12, 2017

In support of the U.S. Federal Government, INTERTANKO and industry coalition submit appeal of District Court decision on ballast water discharges

On 12 March 2007 INTERTANKO, as part of an industry coalition (also including the Chamber of Shipping of America (CSA), the American Waterways Operators (AWO), the World Shipping Council (WSC), the Lake Carriers Association (LCA) and the Cruise Lines International Association (CLIA)), submitted to the U.S. Court of Appeals an appeal of the U.S. District Court’s decision requiring the U.S. Environmental Protection Agency (EPA) to develop regulations governing all discharges from ships, including ballast water discharges, under the National Pollutant Discharge Elimination System (NPDES) authorised by the Clean Water Act (CWA). This industry coalition appeal was submitted in support of the U.S. Federal Government’s appeal of the District Court ruling, which was also submitted on 12 March.

 

On 18 September 2006, a Federal District judge in the Northern California District issued an order requiring the EPA to develop regulations governing these discharges by no later than 30 September 2008. In issuing this order, the judge acknowledged that Congress had given the U.S. Coast Guard authority to regulate ballast water discharges, but she felt that she could not overlook that Congress had also given the EPA the authority to regulate such discharges under the CWA.

 

The industry coalition appeal contends that Congress had specifically addressed the problem of aquatic nuisance species in ballast water by passing a number of laws in the 1990s mandating the U.S. Coast Guard to regulate ballast water discharges and that these laws supersede the mandate of the Clean Water Act.

 

The plaintiffs (a number of environmental organisations and a number of U.S. States) have until 11 April 2007 to file their appellee briefs in our case. Then, the industry coalition and the federal government have until 11 May 2007 to file reply briefs. Oral argument is set for the week of 13 August 2007.

 

For further information:

Contact: Joe Angelo