I had to read this article from The Oregonian twice to make sure I got it right. Apparently the EPA did not consider ballast contaminated with invasive species to be covered under the Clean Water Act. A federal judge has overturned EPA regulations exempting ships from acquiring a permit before dumping ballast water, and now the organization that is supposed to be protecting the environment is expected to appeal the ruling. Not that I think it makes sense from an economic or technological standpoint to suddenly demand that all incoming ships treat their ballast water to kill any potential invasive species. It's just that this is not the same EPA I grew up with.
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I'm doing a grad paper on this specific topic. Legally it seems the answer is clear. But does anyone with relevant legal experience or knowledge of the EPA and Coast Guard think it is a good idea to force the EPA to regulate ballast under NPDES via judicial remedy? I have heard rumblings from top ranking EPA officials that A) this won't happen, EPA will win on appeal on grounds that it is not practicable, and B) All the current laws currently underway in Congress like the Nat'l Aquatic Invasive Species Act utilized the Coast Guard for regulating Ballast. What do you all think? I am presenting on this topic in a week. I hope the EPA is the right answer. That would make sense. Of course many things would make sense but don't happen with regard to the EPA...It should be a Department...
my email kmac2216 (at) postoffice.uri.edu also.
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