EPA v. FISHERY ENHANCEMENT COPORATION

Case summary

THERE IS A THREATENED DEPOSIT BY FISHERY ENHANCEMENT CORPORATION ( FEC ) OF SEVERAL THOUSAND TIRES INTO THE ATLANTIC OCEAN OFF THE MASSACHUSETS COAST. THE THREATENED DUMPING WOULD REQUIRE AN EPA PERMIT. THIS REQUIREMENT HAS PREVIOUSLY BEEN LITIGATED IN FEDERAL DISTRICT COURT, WHERE THE COURT OBSERVED THAT, PEOPLE OR COMPANIES WISHING TO BUILD REEFS OR STRUCTURES MUST OBTAIN CLEARANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY. (READ IN CONTEXT IT IS CLEAR THAT THE COURT MEANT THAT EITHER A PERMIT MUST BE OB- TAINED, OR THAT THE CONDITIONS FOR AN EXEMPTION MUST BE MET. SEE 40 CFR 220.1(C).) AN ENVIRONMENTAL GROUP, CONSERVATION LAW FOUNDATION ( CLF ), HAS ALREADY COMMENCED AN ACTION IN THE FEDERAL DIS- TRICT COURT IN MASSACHUSETTS TO ENJOIN THE DEPOSIT. A PRE- LIMINARY INJUNCTION HEARING WILL BE HELD ON JULY 25, 1983. THE U.S. ATTORNEY'S OFFICE HERE IN BOSTON ADVISES, AND WE AGREE, THAT CLF'S SUIT IS TECHNICALLY DEFICIENT BECAUSE IT SEEKS TO ENFORCE A COURT ORDER RESULTING FROM THAT PRIOR LITIGATION, WHICH MERELY DISMISSED FEC'S COMPLAINT, BUT DID NOT ENJOIN THE DUMPING. THE UNITED STATES SHOULD BEGIN ITS OWN ACTION FOR INJUNC- TIVE RELIEF. SUCH AN ACTION WOULD LIKELY BE CONSOLIDATED WITH THAT OF CLF. OUR HOPE IS THAT THIS ACTION CAN BE FILED QUICKLY ENOUGH THAT THE FEDERAL GOVERNMENT WILL BE ABLE TO PARTICIPATE AS A PARTY IN NEXT MONDAY'S HEARING. IT APPEARS THAT THE DEFENDANT MAY BE MAKING ARRANGEMENTS FOR THE IMMINENT DEPOSIT OF SEVERAL THOUSAND TIRES INTO THE OCEAN. BECAUSE FEC HOLDS NO PERMIT, ITS DEPOSIT OF TIRES WILL BE IN VIOLATION OF THE MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT, AS AMENDED, 33 U.S.C. 1411, WHICH PROHIBITS THE UNPERMITTED TRANSPORTATION FROM THE UNITED STATES OF ANY MATERIAL FOR THE PURPOSE OF DUMPING IT ONTO THE OCEAN. IT IS PROPOSED THAT THE U.S. COMMENCE AN ACTION FOR AN IN- JUNCTION AGAINST THE PROPOSED DEPOSIT OF TIRES INTO THE OCEAN. SUCH AN ACTION WOULD LIKELY THEN BE CONSOLIDATED WITH THAT OF THE ENVIRONMENTAL GROUP. THE ADDRESS OF FEC IS 322 JEFFERSON AVE, SALEM, MA. 09170.

Defendants (1)

• FISHERY ENHANCEMENT COPORATIONNamed in complaint

Facilities (1)

• FISHERY ENHANCEMENT CORP

  322 JEFFERSON AVE, SALEM, MA, 01970

  Registry ID: 110010761513

Statutes cited

• MPRSA 101 — Prohibited Acts

Timeline (6 milestones)

• 1983-07-20Referred To Headquarters
• 1983-07-22Referred To Dept Of Justice
• 1983-07-22Referred TO U.S. Attorney
• 1983-07-25Complaint Filed With Court
• 1983-10-30Concluded
• 1983-10-30Enforcement Action Closed