EPA May Inspect a Ship for PCB

Tuesday, September 09, 2008

The US Court of Appeals for the Fourth Circuit ruled that the Environmental Protection Agency (EPA) has authority under the Toxic Substances Control Act (TSCA) to obtain and exercise an administrative warrant to inspect ships containing regulated chemical substances. In the instant case, the owner of an obsolete US Navy ship announced plans to have the ship towed to a foreign port for renovation and conversion. The EPA learned that the ship probably had polychlorinated biphenyl (PCB) on board in quantities subject to regulation and might well be scrapped rather than renovated. The agency sought permission from the owner to inspect the ship, but was denied. It then sought an administrative warrant from the local federal district court. Over the objection of the owner, the court issued the administrative warrant and issued an injunction prohibiting removal of the ship until the warrant was executed. The owner appealed. The appellate court ruled that an agency with the statutory authority to inspect a premises has the inherent authority to obtain and execute an administrative warrant to enforce that authority. In this case, the application for the warrant was found to be supported by probable cause. In addition, the court ruled that the ship was a premises subject to inspection under TSCA.

United States v. M/V SANCTUARY, No. 07-2123 (4th Cir., August 25, 2008).

Source: HK Law

Maritime Reporter March 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Ex-BP Employee Settles Insider-trading Oil Spill Case

A former 20-year veteran of BP plc who oversaw the company's cleanup efforts from the Deepwater Horizon oil spill will pay more than $224,000 to settle civil charges

Somali Pirate Sentenced to 12 Years by German Court

A German court sentenced a Somali asylum-seeker to 12 years in jail on Thursday, for his involvement in the pirate hijacking of a tanker in the Indian Ocean in 2010.

DHL Expects Immunity in Price Fixing Investigation

Deutsche Post expects its DHL forwarding business to be granted immunity from prosecution and fines by Singapore antitrust authorities, who are investigating 11 companies for alleged price fixing,

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Navigation Offshore Oil Port Authority Ship Electronics Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1255 sec (8 req/sec)