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Clean Water Act › Vessels

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Blank Rome LLP

USCG Requests Information on Ballast Water Management Procedures Under the Vessel General Permit and USCG Regulations

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The U.S. Coast Guard (“USCG”) last week published a Request for Information (“Request”) in the Federal Register (89 Fed. Reg. 48515) seeking information on the monitoring, recordkeeping, and reporting procedures under the...more

Blank Rome LLP

EPA Issues Supplemental Notice of Proposed Ruling to Implement the Vessel Incidental Discharge Act, Finally!

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The U.S. Environmental Protection Agency (“EPA”) published a Supplemental Notice of Proposed Rulemaking (“SNPR”) on October 18, 2023, modifying its initial proposed rule from three years ago on performance standards for...more

Blank Rome LLP

Finally—A Path Forward for Implementation of the Vessel Incidental Discharge Act

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Background - In December 2018, the Vessel Incidental Discharge Act (“VIDA”) was signed into law and intended to replace the Environmental Protection Agency’s (“EPA”) 2013 Vessel General Permit (which has been in place for...more

Holland & Knight LLP

EPA Plays Hurry Up and Wait on Vessel Incidental Discharge Act of 2018 Regulations

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More than a year and a half ago, Holland & Knight wrote about how the U.S. Environmental Protection Agency (EPA) promised new Vessel Incidental Discharge National Standards of Performance following adoption of the Vessel...more

Blank Rome LLP

EPA Ramps-Up VGP Inspections and Enforcement

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We are just over one year into the Biden administration and environmental enforcement is on the rise. Although enforcement dropped dramatically under the Trump administration, the current administration has been clear about...more

Holland & Knight LLP

Mariners Get Ready: Vessel Incident Discharge Act Changes May Increase Obligations

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According to the Spring 2021 Unified Agenda, the U.S. Environmental Protection Agency (EPA) expects to promulgate its new Vessel Incidental Discharge National Standards of Performance any time now (originally expected by the...more

K&L Gates LLP

EPA Releases New Tool to Analyze Costs of Complying With a State-Proposed No Discharge Zone, But It Carves Out Capital Costs From...

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The U.S. Environmental Protection Agency (EPA) recently announced a new policy that it intends to use in considering costs imposed by No Discharge Zones (NDZs) under §  312(f)(3) of the Clean Water Act (CWA). Calling this...more

Beveridge & Diamond PC

Washington State Joins Citizen Suit Challenging Navy Ship Decommissioning Under the Clean Water Act

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On April 23, 2019, a federal judge allowed the State of Washington to intervene in a Clean Water Act citizen suit filed by Puget Soundkeeper and the Suquamish Tribe against the U.S. Navy. The dispute centers on the Navy’s...more

Baker Donelson

Unsmooth “Operator” – Fifth Circuit Holds Tug Owner Liable Under OPA as “Operator” of Non-Owned Dumb Oil Barge

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In an important decision of first impression construing the Oil Pollution Act of 1990 (“OPA,” 33 U.S.C. §§2701 et seq.), the Fifth Circuit has held the owner and operator (“Nature’s Way”) of a “dominant mind” tugboat liable...more

Pillsbury - Gravel2Gavel Construction & Real...

Meaning of “In Connection With” and “Pursuant To” Under Oil Pollution Act A Question of First Impression in Fifth Circuit

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On November 7, in U.S. v. American Commercial Lines, LLC, the U.S. Court of Appeals for the Fifth Circuit affirmed the District Court’s ruling that American Commercial Lines (ACL), the owner of a tug boat whose contracted...more

K&L Gates LLP

EPA Announces Timeline for VGP 3.0

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The Environmental Protection Agency’s (EPA) primary method of regulating ballast water and other discharges is the Vessel General Permit (VGP). Under its Clean Water Act authority, the EPA established the VGP to impose...more

Bergeson & Campbell, P.C.

EPA Seeks Additional Comment on NPDES Electronic Reporting Rule, and Other Recent CWA Developments

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EPA Seeks Additional Comment On NPDES Electronic Reporting Rule: On December 1, 2014, the U.S. Environmental Protection Agency (EPA) requested additional comment on the proposed National Pollutant Discharge Elimination System...more

K&L Gates LLP

Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits – But Only for Canadian Shipowners...

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On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection...more

K&L Gates LLP

EPA Issues 2013 Vessel General Permit

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On March 28, 2013, the United States Environmental Protection Agency (EPA) published a new Clean Water Act Vessel General Permit (2013 VGP) that regulates discharges from commercial vessels greater than or equal to 79 feet in...more

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