Federal Court Rules EPA’S Ship Discharge Permit Illegal

Today’s court decision completely vindicates the effort NWEA started nearly 17 years ago, to regulate ship discharge of ballast water laden with invasive species under the Clean Water Act.  In this, our fourth lawsuit on ballast water, the Second Circuit has issued a sweeping decision saying that EPA got nearly every aspect of the Vessel General Permit wrong.  This is a major victory that should result in EPA’s doing the work that the Clean Water […]

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Ballast Water Appeal Goes to NY

Federal Appeals Court in New York to Hear Oral Argument in Chanllenge to Ballast Water Discharge Permit On Friday, January 30, the United States Court of Appeals for the Second Circuit, located in New York, will hear oral argument in a challenge to the legality of the U.S. Environmental Protection Agency’s (EPA) Vessel General Permit (VGP). The permit requires treatment of ballast water discharges that contain invasive species. Once discharged, populations of invasive species— such […]

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NWEA Continues Fight on Invasive Species

On Friday, August 1st NWEA filed yet another a legal brief challenging EPA’s failure to adequately restrict invasive species in ships’ ballast water discharges.  Fifteen years and four lawsuits later, NWEA continues its fight to stop invasive species from destroying the nation’s aquatic ecosystems.  For insight into what’s at stake, read this recent four-part series on invasive species in ballast water in the Milwaukee Journal Sentinel. NWEA’s previous actions have forced EPA to use the […]

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Challenge to EPA Ballast Water Permit Filed

The never ending fight to stop invasive species from ballast water. Hard to believe NWEA started working on the Ballast Water issue, to prevent the discharge of invasive species from ships, some 15 years ago and while we’ve had some success it hasn’t been enough given the risks.  Now in our fourth lawsuit against EPA on this issue, we filed our opening brief on January 31, 2014 challenging EPA’s second Vessel General Permit.   The brief […]

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EPA Again Fails to Control Invasive Species from Ship Discharges

EPA has issued its second national permit to control invasive species from ship discharges and the result is not much better than the first permit. The national permit, known as the Vessel General Permit (VGP), is intended to control the discharge of invasive species, chemicals, and other pollutants from ships. EPA agreed to issue the permit after two successful lawsuits by NWEA stemming from a petition it filed with EPA in January 1999. While this […]

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Shipping Industry Loses Legal Challenge to Ballast Water Discharge Permit

A federal appellate court in Washington, D.C. has rejected a legal challenge by the shipping industry to the permit issued by the Environmental Protection Agency for ships to discharge ballast water containing invasive species.  The permit, while issued by EPA, also contained conditions attached by state agencies under a provision in the Clean Water Act.  The shipping industry opposed these state conditions primarily because some – such as those of California, New York, and Michigan […]

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NWEA Joins Petition to Suspend Licensing at Nuclear Power Facilities Pending Fukushima Investigation

On April 14 and 18, NWEA joined with citizens groups across the country to file an Emergency Petition with the Nuclear Regulatory Commission (NRC). The Petition is supported by a highly informative expert declaration by Dr. Arjun Makhijani of the Institute for Energy and Environmental Research (IEER). NWEA filed as a potential intervenor in proceedings to consider the application by Energy Northwest (formerly the Washington Public Power Supply System or “WPPSS”) to extend by 20 […]

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NWEA Files Brief Supporting EPA’s Ballast Water Permit

Although NWEA recently signed a settlement with EPA over its own challenge to EPA’s Vessel General Permit (VGP),  the shipping industry had continued to press its own court case against the VGP in the D.C. Circuit. NWEA is an intervenor in the shipping industry’s lawsuit. (The VGP is EPA’s response to over ten years of litigation by NWEA to require Clean Water Act permits for vessel discharges, including ballast water laden with invasive species.) On […]

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NWEA Settles Ballast Water Lawsuit with EPA to Control Invasive Species

It’s been a long 12 years but NWEA just settled our third — yes third — ballast water lawsuit against EPA.  The settlement calls for EPA to follow the requirements of the Clean Water Act when it issues its next permit to ships that discharge all manner of toxic and oily pollution along with ballast water containing invasive species.  The current permit was issued in 2008 as a result of NWEA’s successful lawsuit against EPA […]

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