Posted October 24, 2013
The Center for Biological Diversity has filed a lawsuit
against the U.S. Environmental Protection Agency (EPA) arguing the EPA has
failed to address ocean acidification that is threatening oysters and other sea
life off the coast of Washington and Oregon, according to a King 5 News article
available here.
The same group sued the EPA over ocean acidification in
2009, but the case was settled in 2010 after the EPA agreed that ocean
acidification should be addressed under the Clean Water Act (CWA). Information on the settlement is available here.
Acidification is caused when oceans absorb
human-generated carbon dioxide from the atmosphere, nutrient runoff, and other sources.
In early 2012, scientists from Oregon State University
reported “ocean acidification caused oyster larvae to die in 2005” at Whiskey
Creek Shellfish Hatchery in Netarts Bay.
Other researchers have documented the impact of ocean acidification on
other sea life throughout the food chain.
Miyoko Sakashita, of the Center for Biological
Diversity, said the EPA is not doing enough to protect the ocean
ecosystem. Sakashita said, “They haven’t
taken action. We’re really concerned…Now
it’s the oysters, but it really affects the entire ecosystem from the smallest
plankton to the biggest whale.”
Under section 303(d) of the Clean Water Act, states are
required to develop a list of “impaired waters.” These “impaired waters” do not meet the water
quality standards the states have set for them, even after point sources of
pollution have installed the minimum required levels of pollution control
technology. Section 303(d) requires
those jurisdictions to establish a priority ranking for waters on the lists and
develop a TMDL (Total Maximum Daily Load) for the water body.
For more information on the Clean Water Act, please
visit the National Agricultural Law Center’s website here.
