Mainbrace | March 2016 (No. 2)
Jeanne M. Grasso and Dana S. Merkel
The challenges faced by the maritime industry in implementing international and domestic ballast water requirements continue unabated. These challenges may be getting even more challenging in the next year or so.
Internationally, new ratifications to the International Maritime Organization’s (“IMO”) International  Convention for the Control and Management of Ships’ Ballast Water and Sediments (“Convention”) mean the Convention is very close to entering into force. In the United States, which is not party to the Convention, the U.S. Coast Guard (“USCG”) issued a revised policy addressing extensions for the installation of ballast water treatment systems and, shortly thereafter, rejected an “equivalency request” from four ballast water treatment system manufacturers, which would have helped alleviate the need for these extensions, which now number more than 4,000. In addition, the U.S. Second Circuit Court of Appeals ruled that the U.S. Environmental Protection Agency (“EPA”) acted arbitrarily and capriciously in drafting the ballast water provisions of its Vessel General Permit for Discharges Incidental to the Normal Operation of Vessels (“VGP”), thus creating more uncertainty. Continue reading “The Latest on the Ballast Water Conundrum”
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