Ocean Dumping Act

CRITICAL ANALYSIS OF THE OCEAN DUMPING ACT

Although only approximately ten percent of the total volume of wastes entering the oceans comes directly from ocean dumping2, this ten percent is generally quite harmful or toxic. The presence of such dangerous waste can have great effect on living organisms in the oceans. This danger becomes more threatening to humans as the toxins and other chemicals move their way up the food chain.

Yet, all opinion is not against ocean dumping3. Waste disposal in the ocean may pose less danger or environmental risk than alternative land-based methods, such as landfill. Also, oceans are vast mediums with enormous ability to assimilate waste. However, the popularity of these opinions has wavered significantly even during the two decades that the Ocean Dumping Act roughly encompasses

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xtensive regulations promulgated by the EPA under the Ocean Dumping Act to produce a major environmental litigation issue. The case, City of New York v. United States Environmental Protection Agency15, essentially concerned charges that the EPA, by categorically denying the city's application for a permit to continue dumping sewage sludge into the ocean without considering the city's evidence that the dumping would not unreasonably degrade the marine environment in light of factors listed in the Ocean Dumping Act, had violated the Act. The EPA countered that the 1977 amendment was an absolute ban on ocean dumping after the 1981 deadline and, therefore, no examination of any evidence was required. The EPA also argued that the factors listed in ?102(a) of the Act were merely to be considered by the EPA when promulgating their regulations, not when applying them16. The court, in a controversial decision17, held that the EPA was legally obligated by the provisions of the Act to consider New York City's evidence and, further, must change their regulations so that certain presumptions of unreasonable harm aren't created without full consideration of relevant factors. If a less than clear legislative history was in part responsibl
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Some common words found in the essay are:
Dumping Act, Ban Act, York City, DUMPING ACT, Sanctuaries Act, London Convention, ocean dumping, Envt Rep, Act EPA, Quality CEQ4, LJ November, ocean dumping act, dumping act, 33 usc, 1982 33 usc, 1982 33, dumping ban, environmental protection, london convention, sewage sludge, hereinafter cited, environmental protection agency, ocean dumping ban, protection agency, usc 1412a 1982,
Approximate Word count = 1902
Approximate Pages = 8 (250 words per page)

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