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The 9th Circuit of Appeals told the EPA on Wednesday that it
cannot exempt marine discharges and other wastes from ships. The case was an
appeal of a district decision in 2003 that also decided the Clean Water Act
requires an NPDES permit for discharges, including ballast water, gray water
and sewage.
The district court concluded that the regulation, 40 C.F.R. § 122.3(a), had exceeded its authority under the act in exempting these discharges from permitting requirements. The district court vacated § 122.3(a), effective Sept. 30, 2008. That decision was affirmed by the circuit court.
Plaintiffs in this case were Northwest Environmental Advocates, San Francisco Baykeeper, and The Ocean Conservancy. Several Great Lakes States joined the plaintiffs. The EPA was joined by a shipping industry group to argue for a 1973 regulation exempting certain marine discharges from the permitting scheme of sections 301(a) and 402 of the Clean Water Act.
The district court concluded that the regulation, 40 C.F.R. § 122.3(a), had exceeded its authority under the act in exempting these discharges from permitting requirements. The district court vacated § 122.3(a), effective Sept. 30, 2008. That decision was affirmed by the circuit court.
Plaintiffs in this case were Northwest Environmental Advocates, San Francisco Baykeeper, and The Ocean Conservancy. Several Great Lakes States joined the plaintiffs. The EPA was joined by a shipping industry group to argue for a 1973 regulation exempting certain marine discharges from the permitting scheme of sections 301(a) and 402 of the Clean Water Act.
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