Other laws six

The Marine Protection, Research and Sanctuaries Act of 1972

The Marine Protection, Research and Sanctuaries Act (MPRSA), also known as the Ocean Dumping Act, prohibits all ocean dumping without a permit in any ocean waters under U.S. jurisdiction by any U.S. ship or by any ship sailing from a U.S. port. The ban includes the dumping of radiological, chemical and biological warfare agents, high-level radioactive waste, medical waste and sewage sludge. Permits for dumping of materials other than dredge spoils can be issued by the EPA if the agency determines (through a full public notice and process) that the discharge will not unreasonably degrade or endanger human health or welfare or the marine environment. The law also has provisions related to creating marine sanctuaries, conducting ocean disposal research and monitoring coastal water quality. (http://www.epa.gov/owow/ocpd/marine.html)

Clean Water Act Connection: The MPRSA has been strengthened in recent years, particularly to address sewage sludge dumping, which is not covered by the Clean Water Act. Water quality standards are set by states and are not enforceable outside of state waters (3 miles from shore). Therefore, the Ocean Dumping Act adds significant protections for waters outside state jurisdiction by prohibiting the dumping of any materials in any U.S. water without a permit.

Title VI of the Civil Rights Act of 1964

Title VI of the Civil Rights Act of 1964 requires federal agencies to ensure that no programs or activities receiving federal financial assistance discriminate on the basis of race, color or national origin. Courts have ruled that Title VI guarantees the fair treatment and meaningful involvement of all people with respect to the development, implementation and enforcement of environmental laws, regulations and policies. This guarantee has come to be known as “environmental justice.” The Supreme Court has ruled that Title VI authorizes federal agencies, including the EPA, to adopt implementing regulations that prohibit discriminatory effects. (http://www.epa.gov/civilrights)

Clean Water Act Connection: Since the early 1990s, the EPA has received increasing numbers of complaints that state pollution control permits violate Title VI by dumping a disproportionate amount of contamination in communities of color or low income communities. Policies or practices that seem neutral (such as NPDES permits), but that result in discriminatory effects, violate Title VI regulations unless it is shown that the policies or practices are justified and that there is no less discriminatory alternative.

Public Trust Doctrine

The Public Trust Doctrine is a common law doctrine. The legal right of the public to use certain lands and waters is the essence of the Doctrine. The right may be concurrent with private ownership. The legal interest of the public is not absolute; it is determined by a balancing of interests. Under the Public Trust Doctrine, polluters are liable to the public for compensation for lost use or reduced functions (Natural Resource Damages, NRD) of tidal lands, waterways, groundwater, wetlands, wildlife and fisheries that rightly belong to the people. NRD law requires that the government act as a public trustee, making polluters pay for resource restoration or replacement.

Clean Water Act Connection: We have lost touch with the fundamental premise that the health and use of the nation’s waters must be protected for the public. Citizens can use the Public Trust Doctrine to challenge state decisions and actions that are harmful to rivers. In doing so, they can often force state agencies to consider the natural resources held in the public trust more carefully.