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 August 2013 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Kurdish Crude Oil Tankships: End-Game Still in Doubt

After a legal show-down in Texas this week, the outlook for a handful of tankers holding some $300 million worth of Kurdish oil is not looking good. Seemingly

Kenya Charges 9 Foreigners over Heroin Haul

Nine foreign nationals were charged in a Kenyan court on Thursday with trafficking the biggest ever single seizure of drugs at the Indian Ocean port of Mombasa.

Former MSC Manager Sentenced on Bribes Charges

Former Afloat Programs Manager at the United States Navy Military Sealift Command (MSC), Kenny E. Toy, was sentenced to 96 months in prison for receiving bribes, the U.

 
 
Maritime Contracts Navigation Pipelines Pod Propulsion Port Authority Salvage Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Winch
rss | archive | history | articles | privacy | terms and conditions | 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: 0.0703 sec (14 req/sec)