[MAIPC] NEWS: Court Rules that EPA Failed to Protect U.S. Waters from Aquatic Invasive Species

Mon Oct 26 10:20:52 PDT 2015

The following was forwarded by Stephen Young (at Cornell) earlier this
month, but did not go through so we're reposting it.
- MAIPC Board

*From:* Jordan Lubetkin
*Sent:* Tuesday, October 06, 2015 11:45 AM
*To:* ALL_NWF
*Subject:* NEWS: Court Rules that EPA Failed to Protect U.S. Waters from
Aquatic Invasive Species

Folks-

I wanted to share some exciting news. Yesterday, in a unanimous 3-0
decision, the U.S. Court of Appeals 2nd Circuit ruled that the EPA failed
to live up to its obligations under the Clean Water Act to protect U.S.
waters from aquatic invasive species introduced by ballast water discharge.
This is a huge victory for NWF and our conservation allies.

Ballast water invaders cost citizens, businesses, industry, and
municipalities billions of dollars per year annually due to damages and
control costs.  Now, the EPA must go back to the drawing board and craft a
permit that protects U.S. waters from this serious threat.

Read our *news release* below or in NWF’s newsroom:
https://www.nwf.org/News-and-Magazines/Media-Center/News-by-Topic/Wildlife/2015/10-06-15-Court-Rules-that-EPA-Failed-to-Protect-U-S-Waters-from-Aquatic-Invasive-Species.aspx

*Associated Press*:
http://bigstory.ap.org/article/220c69e0a0d2449983ea39e153ca80a8/court-orders-epa-revise-ship-ballast-dumping-regulations

*The Hill*:
http://thehill.com/policy/energy-environment/255982-court-rules-against-epas-invasive-species-rule

*E&E*:
http://www.eenews.net/eenewspm/stories/1060025874/search?keyword=marc+smith

Thanks to Neil Kagan, senior attorney, who has been relentless in his
pursuit of this issue; as well as Marc Smith, Andy Buchsbaum, and Michael
Murray, who have helped elevate this issue over the years in the Great
Lakes region and nationally. Speaking of nationally, thanks to Bruce Stein
and Josh Saks who have been keeping watch over this in D.C. to make sure
Congress does not undermine our ability under the Clean Water Act to
protect our waters, fish, and wildlife from the serious threat of invasive
species.

Please let me know if you have any questions.

Jordan

*Northwest Environmental Advocates - Center for Biological Diversity*

*Natural Resources Defense Council - National Wildlife Federation *

*Contact: *

Jordan Lubetkin, National Wildlife Federation (734) 904-1589,
lubetkin at nwf.org

Nina Bell, Northwest Environmental Advocates (503) 295-0490
nbell at advocates-nwea.org

Margie Kelly, Natural Resources Defense Council (312) 651-7935
mkelly at nrdc.org

Miyoko Sakashita, Center for Biological Diversity (510) 844-7108 ext. 308
Miyoko at biologicaldiversity.org

*Court Rules that EPA Failed to Protect U.S. Waters from Aquatic Invasive
Species*

Huge victory for U.S. waters, economy, fish, wildlife, communities,
businesses.

*ANN ARBOR, MICH. (October 5, 2015)* – In a unanimous 3-0 decision that has
ramifications for waters across the country—from Long Island Sound to the
Great Lakes to the Gulf of Mexico to San Francisco Bay—the U.S. Court of
Appeals 2nd Circuit today ruled that the U.S. EPA failed its responsibility
under the Clean Water Act to protect U.S. waters from aquatic invasive
species introduced by ballast water discharge. Ballast water invaders cost
citizens, businesses, industry, and municipalities billions of dollars
annually due to damages and control costs.

Northwest Environmental Advocates, Center for Biological Diversity, Natural
Resources Defense Council, and National Wildlife Federation sued the EPA
over the agency’s ballast water permit, which limits the amount of live,
biological pollution ships can discharge into U.S. waters. The conservation
groups asserted that the permit was ineffective and would not protect U.S.
waters from future invasions of non-native species. The court agreed. The
current permit, as conservation groups requested in their lawsuit, will
stay in effect until the EPA releases a new, stronger permit.

Conservation groups hailed the court’s decision:

“The court understood the real world implications of EPA’s failure, the
incredible economic and environmental expense of invasive species that this
EPA permit allows the shipping industry to release upon the waters of the
United States,” *said Nina Bell, Executive Director of the Oregon-based
Northwest Environmental Advocates (NWEA)*.  “The court ruled against EPA on
nearly all grounds, establishing that the Clean Water Act cannot be
addressed through a series of bureaucratic checklists that fail to provide
real protection to the nation’s waters.”

“This is a huge win for our environment, economy, fish, wildlife,
communities, and businesses,” *said Marc Smith, policy director for the
National Wildlife Federation*. “The court, in no uncertain terms, has told
the federal government that it needs to uphold its responsibility under the
Clean Water Act to protect our drinking water, jobs, and way of life. This
decision is welcome news for the millions of families, anglers, hunters,
paddlers, beach-goers, and business owners who have borne the brunt of
damages from aquatic invasive species for far too long. We look forward to
working with the U.S. EPA to put in place safeguards that adhere to the
Clean Water Act and protect all of our nation’s waters that are essential
for people, fish, and wildlife. It’s time to slam the door on this serious
threat once and for all.”

“Today’s decision is a big victory for the Great Lakes and our nation’s
waters,”* said Rebecca Riley, senior attorney, Natural Resources Defense
Council (NRDC)*. “Aquatic invasive species like zebra mussels and quagga
mussels impose billions of dollars of costs on our economy every year,
damaging infrastructure like public water supplies and energy generation
systems, and devastating commercial and recreational fisheries. The court
made it clear that EPA cannot give up in the fight against invasive
species; more can and must be done to protect the Great Lakes and other
critically important waters.”

“This ruling means that EPA needs to get serious about regulating ballast
water in ships that has wreaked havoc on local ecosystems including the San
Francisco Bay,” *said Miyoko Sakashita, oceans director, Center for
Biological Diversity*. “Every year 21 billion gallons of ballast water are
dumped into our waters with all sorts of invasive species that destroy
local diversity.”

The *National Wildlife Federation* is America's largest conservation
organization inspiring Americans to protect wildlife for our children's
future. For more National Wildlife Federation news visit www.nwf.org/news

*Northwest Environmental Advocates* is a regional non-profit environmental
organization established in 1969 and located in Portland, Oregon. NWEA
works through advocacy and education to protect and restore water quality,
wetlands, and wildlife habitat in the Northwest and the nation.
www.northwestenvironmentaladvocates.org

The *Natural Resources Defense Council* (NRDC) is an international
nonprofit environmental organization with more than 2 million members and
online activists. Since 1970, our lawyers, scientists, and other
environmental specialists have worked to protect the world's natural
resources, public health, and the environment. NRDC has offices in New York
City, Washington, D.C., Los Angeles, San Francisco, Chicago, Bozeman, MT,
and Beijing. Visit us at www.nrdc.org and follow us on Twitter @NRDC.

The *Center for Biological Diversity* is a national, nonprofit conservation
organization with more than 900,000 members and online activists dedicated
to the protection of endangered species and wild places.

###

Jordan Lubetkin

Senior Regional Communications Manager

National Wildlife Federation  I  Great Lakes Regional Center

Office: 734-887-7109

Mobile:734-904-1589

@NWFgreatlakes

@healthylakes
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