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Environmentalists force EPA into action over US ballast water regulations
In a somewhat remarkable development, legal action by the US Center for Biological Diversity and Friends of the Earth has forced the EPA to commit to a date for final action on the Clean Water Act
According to a document released by the United States District Court for the Northern District Of California, a proposed consent degree agreement has been reached between the Center For Biological Diversity, Friends Of The Earth, and an individual, Marcelin Keever, all acting as plaintiffs against Michael S Regan, in his official capacity as acting administrator of the United States Environmental Protection Agency (US EPA) (the defendant).
In this civil case, the plaintiffs above filed a complaint that the defendant (the EPA) failed to perform its obligation under the Clean Water Act, as amended by the 2018 Vessel Incidental Discharge Act (VIDA) to “…promulgate Federal standards of performance for marine pollution control devices for each type of discharge incidental to the normal operation of a vessel… incident discharge standards… not later than 4 December 2020.”
The issue for the defendents is the EPA is two years late in issuing standards for ballast water and other discharges, which is contrary to its legal duty as a federal organisation.
In September 2022, the Center for Biological Diversity (CFBD) senior attorney Julie Teel Simmonds said, “The agency’s foot-dragging on finalising strong, legally required vessel discharge standards is inexcusable,” and issued a notice of intent to commence legal action.
The court has decided to give the EPA some time to meet its obligations, “No later than 23 September 2024, EPA shall sign… a decision taking final action following notice and comment rulemaking…”
Both parties can agree on extensions and modifications to this consent degree agreement, and the non-legal view is this document serves as a warning to the EPA, one that cannot be ignored.
The CFBD oceans program director Miyoko Sakashita said, “I am glad the EPA will take action after years of delay, and I hope the agency finally cracks down on ships that dump water with pathogens and invasive species. This agreement is an overdue victory for our ocean ecosystems and public health, which have been plagued for years by weak rules on ballast water dumping.”
The individual party to the plaintiffs action, Marcelin Keever, is director of oceans and vessels at Friends of the Earth, who said in a statement, “By holding the shipping industry to new and improved standards, EPA is finally taking a long-needed step toward protecting and preserving our waters for generations to come.”
Stanford Environmental Law Clinic, part of the Mills Legal Clinic at Stanford Law School, legally supported the plaintiffs and its acting deputy director Matthew Sanders said, “The Stanford Environmental Law Clinic is pleased that EPA has agreed to enter this consent decree. Moving forward, however, it is just the first step,” he said. “Alongside and on behalf of our clients the Center for Biological Diversity and Friends of the Earth, we will continue to press EPA to satisfy its legal duty to issue robust standards for vessel incidental discharges.”
View the consent degree document here.
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