TITLE

Sailing by Looking in the Rearview Mirror: EPA's Unreasonable Deferral of Ballast-Water Regulation to a Now Ineffective Coast Guard

AUTHOR(S)
Mah, Liwen A.
PUB. DATE
August 2004
SOURCE
Ecology Law Quarterly;2004, Vol. 31 Issue 3, p665
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Major structural changes in government since national security became a dominant priority threaten to undermine regulatory protections of the nation's environment. One troubling environmental threat is the introduction of invasive species, especially those introduced by ballast water discharged from ships arriving in U.S. ports. In 2003, the Environmental Protection Agency (EPA) denied a petition--four years after receiving it--that sought to repeal an EPA rule exempting ballast water from regulation under the Clean Water Act (CWA). Despite having authority to regulate ballast water under the CWA, the EPA decided that the Coast Guard should regulate ballast water. Yet the Coast Guard is no longer able to tackle the problem due to its focus on national security in the wake of the terrorist attacks of September 11, 2001. As the ballast water issue suggests, courts should not defer to an agency decision about its role relative to other agencies. Instead, courts should consider the legislative concept underlying the agency's authorizing statute and determine whether the agency's rationale is reasonable. Without this review by the judiciary, an agency might simply defer unpleasant or undesired regulatory tasks to a sister agency with no real power, leading to under-regulation.
ACCESSION #
15590950

 

Related Articles

  • Homeland Security: Federal Action Needed to Address Security Challenges at Chemical Facilities: GAO-04-482T. Stephenson, John B. // GAO Reports;2/23/2004, p1 

    The events of September 11, 2001, triggered a national re-examination of the security of thousands of industrial facilities that use or store hazardous chemicals in quantities that could potentially put large numbers of Americans at risk of serious injury or death in the event of a...

  • A COMMENT ON WATERSHEDS: RUNOFF FROM THE TAX CODE. Brooks, Kim // Vermont Law Review;Summer2010, Vol. 34 Issue 4, p895 

    In this article the author comments on an article by Professor Janet Milne on tax policy of watershed protection. The author sees that her article contributed to the literature on using tax system as an instrument for environmental protection. She analyzes Milne's work and sees that it is useful...

  • House attempts to prohibit Clean Water guidance.  // Western Farm Press Exclusive Insight;6/11/2012, p3 

    The article focuses on a U.S. Clean Water Act (CWA) guidance that expands regulatory reach. U.S. House Resolutions 5325 and 4965 are presented wherein they prevent the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers from implementing a CWA guidance that define...

  • A source classification framework supporting pollutant source mapping, pollutant release prediction, transport and load forecasting, and source control planning for urban environments. Lützhøft, Hans-Christian; Donner, Erica; Wickman, Tonie; Eriksson, Eva; Banovec, Primož; Mikkelsen, Peter; Ledin, Anna // Environmental Science & Pollution Research;May2012, Vol. 19 Issue 4, p1119 

    Purpose: Implementation of current European environmental legislation such as the Water Framework Directive requires access to comprehensive, well-structured pollutant source and release inventories. The aim of this work was to develop a Source Classification Framework (SCF) ideally suited for...

  • Politics Drain Navigable Waters. Hill, Stephen // Alternatives Journal (AJ) - Canada's Environmental Voice;2009, Vol. 35 Issue 5, p6 

    The article focuses on the reaction of environmentalists on the amendment to the 127-year-old Navigable Water Protection Act (NWPA) in Canada. In the move of the federal government to amend NWPA in line to the Budget Implementation Act Bill, environmentalists have showed concern and have...

  • Assessing the influence of regional Environmental Protection Agency offices on state hazardous waste enforcement decisions Cline, Kurt D.; Davis, Charles // Social Science Journal;2007, Vol. 44 Issue 2, p349 

    Abstract: In assessing the influence of regional Environmental Protection Agency EPA offices on the state management of hazardous waste programs, we focused on the extent to which federal administrative decisions affect levels of enforcement activity by state environmental agencies and whether...

  • Hazardous substances: classification. Stranks, Jeremy // A-Z of the Environment;2008, p200 

    Information about the classification of hazardous substances in Great Britain is presented. Hazardous substances are classified according to Schedule 1 of the Chemicals Hazard Information and Packaging for Supply (CHIP) Regulations of 2002. The substances are classified according to its category...

  • EPA Issues SNUR on 38 Chemical Substances.  // Pollution Engineering;Dec2007, Vol. 39 Issue 12, p13 

    The article reports on the promulgated significant new use rules (SNUR), which focus on the use of chemicals for other applications, by the U.S. Environmental Protection Agency (EPA). It states that the rule is under Section 5(a)(2) of the Toxic Substances Control Act (TSCA) and addresses 38...

  • COURT UPHOLDS ARSENIC STANDARD, SDWA.  // Journal: American Water Works Association;Oct2003, Vol. 95 Issue 10, p14 

    Reports on the ruling of the U.S. Court of Appeals for the District of Columbia, which rejected Nebraska's constitutional challenge of the U.S. Environmental Protection Agency's revised arsenic standard and the Safe Drinking Water Act (SDWA). Argument of Nebraska against the SDWA; Reason for...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics