Curtas do Bryant´s

USCG – ballast water management

The US Coast Guard promulgated a rule establishing a standard for the allowable concentration of living organisms in ships’ ballast water discharged in waters of the United States. The Coast Guard is also amending its regulations for engineering equipment by establishing an approval process for ballast water management systems. The new regulations come into effect on June 21. 77 Fed. Reg. 17254 (March 23, 2012). The Coast Guard also issued a notice stating that it has prepared a final programmatic environmental impact statement (FPEIS) for the ballast water management rulemaking. 77 Fed. Reg. 17082 (March 23, 2012).

Supreme Court – review of EPA compliance order

The Supreme Court of the United States ruled that a party subject to a compliance order issued by the Environmental Protection Agency (EPA) for violation of the Federal Water Pollution Control Act (FWPCA) may bring an action under the Administrative Procedure Act (APA) to challenge the order. Plaintiffs allegedly took action on their property that adversely affected navigable water thereon, but they did not have an EPA permit. The EPA issued a compliance order and plaintiffs sought declaratory and injunctive relief. The lower court held that it lacked authority to undertake pre-enforcement judicial review of the compliance order. The Supreme Court reversed and remanded. Sackett v. EPA, No. 10-1062 March 21, 2012). Fonte: Dennis Bryant.