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Case Summary Citation

Natural Resource Defense Council v. United States Environmental Protection Agency, 804 F.3d 149, 154 (2d Cir. Oct. 5, 2015)

Abstract

In Natural Resources Defense Council v. United States Environmental Protection Agency, the court was asked to review the EPA’s Vessel General Permit that set limits on the discharge of pollutants in a ship’s ballast water. Ballast water discharge has become one of the major contributors to the spread of invasive species, especially in the Great Lakes where short voyages allow organisms to easily survive in ballast water. The EPA’s lack of information was a problem of its own making because it prohibited the Science Advisory Board and National Academy of Sciences from adequately exploring available technology before setting the effluent limits. However, despite finding that the EPA acted arbitrarily and capriciously when it issued the Vessel General Permit, the court allowed the permit to remain in place until a new one is issued in 2019.

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