Environmental Groups Challenge Ship Scrapping Policy

On behalf of the Basel Action Network and Sierra Club, Earthjustice filed suit on late last month in Washington, DC Federal District Court to stop the US Maritime Administration from towing 13 toxic "Ghost Fleet" naval vessels from the James River in Virginia to Teesside, England, for scrapping.

After an emergency hearing last October, the judge prohibited the agency from exporting nine of these PCB and hazardous waste-laden vessels until the government assessed the environmental risks associated with their export. However, despite the lack of proper licensed facilities for receiving them, four of the toxic ships were allowed to be towed to England last October, where they have subsequently sat in limbo.

According to Earthjustice, under the Toxics Substances Control Act, it is illegal to export PCBs without a special EPA exemption granted after public hearings. Under the Resource Conservation and Recovery Act (RCRA), it is illegal to export hazardous wastes unless the proposed receiving facility is properly licensed and the receiving nation has consented.