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Northwest Environmental
Advocates ❖ The Ocean Conservancy Baykeeper For Immediate
Release: For Further Information: September 18, 2006 Deborah
Sivas (Stanford Law) 650/723-0325 Melissa
Powers (PEAC) 503/768-6727 Nina
Bell (NWEA): 503/295-0490 Tim
Eichenberg (TOC): 415/979-0900 x12 Leo
O’Brien (Baykeeper): 415/856-0444 x102 Linda
Sheehan (CA Baykeeper) 510/219-7730 FEDERAL COURT ORDERS Finding that EPA’s
regulation exempting ballast water discharges from the Clean Water Act is
“plainly contrary to the congressional intent,” a federal court
ordered the U.S. Environmental Protection Agency (EPA) Monday to come up with
new regulations in two years. The order follows the court’s finding last
year that EPA had illegally exempted ships’ ballast water discharges from
Clean Water Act permit requirements. Today’s ruling directs EPA to take
specific action by September 30, 2008 to ensure that shipping companies comply
with the Clean Water Act and restrict the discharge of invasive species in
ballast water. Deborah Sivas, Director
of the Stanford Law School Environmental Law Clinic and representing the three
plaintiff groups, noted that, “If EPA had spent the last seven years
developing a permitting program for ballast water instead of fighting this
court battle, not only would our water be safer but our economy would be better
protected. Invasive species come at a tremendous cost to both the environment
and taxpayers. ” Nina Bell, Executive
Director of Northwest Environmental Advocates, one of the plaintiffs, said the
court order will shift some of the burden of invasive species from taxpayers to
shippers. “This is a very important ruling for the taxpayers, American
businesses, and environment that currently pay the huge price of EPA’s
continuing refusal to implement the Clean Water Act. Now we have a fighting
chance to prevent further invasions of species that are clogging the intake
pipes of drinking water facilities and power plants, harming the commercial
fishing industry, and destroying habitat,” said The absence of effective
federal action, combined with the high cost of invasive species to the
environment, industries, and drinking water sources, has led numerous states to
pass their own laws. Tim
Eichenberg, Pacific Region Director of The Ocean Conservancy, cautioned that
shippers have already shifted their effort from fighting the groups’
lawsuit to lobbying Congress. “The shipping industry has had a free ride
while the public has paid billions each year. Now they are pushing for
Congress to grant a special exemption from the Clean Water Act, to preserve
their ability to pollute at the nation’s expense,” said
Eichenberg. “Not only do they want an exemption from the Clean Water Act
but they also want to prevent the states from taking any action to protect
themselves from these prohibitively expensive invasions,” he added. Live
species from other countries are carried to "This
is one of the worst types of pollution because the pollutants multiply and
their impacts grow. It deserves every bit as much oversight and regulation as
other dangerous contaminants," said Leo P. O'Brien, Executive Director of
Baykeeper. "It is time for industry to do its fair share and to stop
dumping its problems on the public. The lawsuit was brought
by Northwest Environmental Advocates, The Ocean Conservancy, and Baykeeper,
three of the signers of a petition filed with EPA in January 1999. EPA denied
the petition in 2003, triggering the lawsuit. The Environmental Law
Clinic at - E N D - Jennifer Nalbone Campaign Director, (716) 213-0408; web: www.glu.org
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