Tuesday, October 6, 2015


<> NRDC v. EPA - 10/5/15. In the U.S. Court of Appeals. Second Circuit, Case No. The Appeals Court explains & rules, "Four environmental organizations petition for review of a Vessel General Permit issued by the Environmental Protection Agency in 2013 under Section 509(b)(1) of the Clean Water Act, 33 U.S.C. § 1369(b)(1).  The permit regulates the discharge of ballast water from ships, a primary cause of the spread of invasive species from one body of water to another.  Petitioners contend that the Environmental Protection Agency acted arbitrarily and capriciously in issuing the permit, and request that it be set aside.  We agree, in part.   Accordingly, we grant the petition for review in part and deny it in part, and remand to the Environmental Protection Agency for further proceedings consistent with this opinion.  We do not vacate the Vessel General Permit, but allow it to remain in effect until the issuance of a new Vessel General Permit."

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