UW Law School clinic files suit against EPA

The Kathy and Steve Berman Environmental Law Clinic at the UW law school filed a lawsuit May 9 against the U.S. Environmental Protection Agency (EPA) regarding the organization's failure to respond to a petition, requesting an investigation of cruise ship industry actions.

The clinic, which works pro bono, is representing Friends of the Earth, a non-profit organization. The suit is the result of a claim that the EPA neglected its legal obligation to respond to a petition filed by Friends of the Earth regarding cruise ships.

The petition was filed by the Bluewa http://www.ruevisconti.com/Actualites/Blog/dotclear/images/Cassandre_t.jpg ter Network, which is now part of Friends of the Earth, and signed by representatives of more than 50 conservationist groups in March 2000. It requested the EPA take an in-depth look at the actions of the cruise ship industry and then adjust its own actions and policy accordingly.

"Cruise ships are point sources of enormous volumes of waste," reads the petition, which was filed in 2000. "Coupled with the cruise industry's proven record of violating pollution laws, it is clear that we need more rigorous oversight of all cruise ship waste stream discharges."

Since the petition was filed, the cruise ship industry has grown by about 107 percent, and the typical weeklong cruise with 3,000 passengers produces 210,000 gallons of sewage and 1 million gallons of grey water, or water from kitchens, cleaning, showers, laundry and sinks.

Recommendations from the petition included clarification of standing policies, effective assistance to the Coast Guard in the enforcement of those policies and researching the effects of grey water on marine life.

According to the lawsuit, filed by the clinic and Michael Robinson-Dorn, chair of the Berman Environmental Law Clinic, the Administrative Procedure Act requires the EPA to take action on the petition.

"The EPA's only duty is to respond to the petition, they can reject it, they can accept it [HTML_REMOVED][HTML_REMOVED] what they can't do is do nothing and that's what they've done," Robinson-Dorn said.

EPA officials pointed to responses to previous works.

"EPA issued an interim formal response to the petition from Bluewater Network, called the 'White Paper,' in 2000," said Dale Kemery, an EPA representative.

However, the Cruise Ship White Paper of August 22, 2000, which specifically refers to the Bluewater Network petition, states that it is not to be regarded as the decision on the petition.

Kemery declined to go beyond his previous statement, to explain the state of the petition in light of the noncommittal message of the White Paper.

The EPA will release the Cruise Ship Discharge Assessment Report in fall 2007. It is suggested to be a follow up of the White Paper of 2000.

Peter May, political science professor, said the EPA has been avoiding regulation and directly addressing issues in favor of arrangements with companies.

"[The EPA] touts voluntary compliance arrangements that include self-auditing by firms, industry agreements and negotiated agreements with firms," May said. "Regulatory scholars generally find these alternatives promising, but the problems posed by 'bad apples' cannot be addressed by these mechanisms. As a consequence, some of the largest problems are falling through the cracks due to programs that do not seek them out or simple unwillingness to take on some issues. The cruise ship situation seems to be the latter case."

Some would agree with the idea of self-regulation. Carnival Corp. representatives said they are confident in the ability of the organization to enforce its own waste removal processes. The company keeps a detailed record of where and when each ship dumps grey water and black water [HTML_REMOVED][HTML_REMOVED] grey water's more toxic cousin, toilet sewage. Policy maintains that black water may not be released until the ship is 12 nautical miles away from land. All solid waste is disposed of onshore.

The company also said it is developing more ecologically friendly systems of disposal.

In addition to working on the petition case, the Environmental Law Clinic is also representing the Friends of the Earth in the Port of Seattle's decision to move the cruise ship port.

Robinson-Dorn said it's a good working relationship.

"The port has taken a leadership role, and the students have submitted a draft," he said.

The clinic and its counterparts operate like law firms within the UW School of Law, being run by students with faculty advisers. Students are responsible for compiling cases and most of the work done by the clinic.

"They're really the heart and soul of it," Robinson-Dorn said.

Reach reporter Kass Bessert at news@thedaily.washington.edu.