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Sierra Club Victory Prevents Export of Toxic "Ghost Fleet" and Creates U.S. jobs

Case Updates:

May 31, 2007

On Thursday May 31st, the Sierra Club, Basal Action Network and Earthjustice achieved an important victory when the Bush administration scrapped its plan to export nine, highly toxic naval “Ghost Fleet” vessels across the Atlantic.  Currently, there are 238 old ships in the National Defense Reserve Fleet, most located in Texas, Virginia and California, that will need to be dismantled. Some of the ships are in dangerous condition and pose a serious environmental threat, as the ships are laden with toxic PCBs and other hazardous substances.  The victory comes as the result of a successful lawsuit brought by the Sierra Club and its allies to challenge the ill-conceived plan to export the toxic ships.  Four ships have already been sent overseas, but the nine remaining will now be scrapped by American shipyards and create new jobs for American workers.  “Our precious Chesapeake and San Francisco Bays are no place for floating toxic time bombs,” said Michael Town of the Sierra Club in Virginia. “The budget to remove these vessels and have them properly recycled here in America should have been appropriated long ago. Let’s have these ships scrapped as quickly and as safely as possible here at home and close this sad chapter of exporting our problems overseas.”

May 16, 2005

After examining our options in this case, Earthjustice asked the court to reconsider the question of whether MARAD must obtain all of the required permits before exporting any more toxic waste-laden vessels for disposal in the United Kingdom. During the briefing process, MARAD promised not to export any more vessels until it has all of the necessary permits. This public promise is a good guarantee that MARAD will fully consider and obey all of the laws—national and international—governing hazardous waste exports. Stay tuned for the court’s next ruling.

March 3, 2005

On March 3 a federal court dismissed this case regarding the export of highly contaminated obsolete military vessels on technical grounds. However, Sierra Club and our coalition partners can claim success because the case raised important concerns about health, safety, and international environmental justice when toxic vessels are transported from the United States across the oceans to foreign countries. Additionally, through the legal battle we have forced the US Maritime Administration (MARAD) to comply with all applicable US and international standards governing the export of PCBs, including a public environmental assessment to consider all environmental and health hazards posed by the planned removal. According to Sierra Club’s attorney Aaron Isherwood, “We still have major concerns about the Bush administration’s growing role in the toxic waste trade. If we are serious about building trust around the world, America needs to demonstrate a clearer commitment to public safety and environmental justice beyond its borders.” Earthjustice, the lead litigator in the case, is currently evaluating our full range of options for possible next steps.

October 15, 2004

On October 15, Earthjustice lawyers representing the Sierra Club and other environmental organizations went back to court to argue their case against the Bush administration’s plans to export toxic “ghost fleet” vessels to England. The naval vessels contain harmful substances such as PCBs which are illegal to export under US and international law. The oral argument came one year after the same court ordered a stop to the export of nine of thirteen vessels pending a thorough environmental review. The four vessels which were permitted to cross the ocean are now trapped in uncertainty as the English scrap yard where they were expected to be dismantled has yet to secure the necessary permits to handle the toxic waste.

The legal pressure and media attention from this case has already resulted in many positive changes. For example, more vessels are now being turned over to domestic scrappers who have the expertise to dismantle the ships. Additionally, no more plans to export other vessels have been openly discussed since the start of the lawsuit.

March 15, 2004

In the fall of 2003, the Bush Administration ignored the law and public opinion and sent 13 PCB laden “ghost ships to England for disposal and salvage. The Sierra Club joined a legal coalition to block the move, and after an emergency hearing in October 2003, a federal judge ordered that nine of these PCB and asbestos-laden ships could not leave US waters until the Bush Administration assessed the environmental risks associated with their export to England. The Bush Administration agreed to conduct an environmental review before a second hearing, scheduled for July 2004, to determine whether the nine ships will be allowed to go. The remaining four ships were permitted to leave port in mid-October. The British government has since declared invalid the permits required to import and dismantle the ships, leaving those four ships in legal limbo until environmental standards are met in the United States and England. If common sense aligns with the Sierra Club coalition's lawsuit, the US government will dispose of its toxic waste more responsibly in the future.

October 1, 2003

The Bush Administration chose to ignore the law and look the other way while it exports 13 PCB-laden ships to England for disposal and salvage. The Administration’s decision to export a “ghost fleet” of defunct, PCB-laden naval ships is both an irresponsible effort to dump American toxic waste abroad and an illegal attempt to circumvent the Toxic Substances Control Act. The Sierra Club has joined a legal coalition to block this illegal export and force the Administration to consider safer alternatives.

Details and Documents:

Revised deal ends one of fights over ghost fleet
June 2, 2007, by David Lerman, Daily Press

No more 'ghost fleet' ships to be sent to England for scrapping
June 1, 2007, by Associated Press, International Herald Tribune

Ghost Fleet Surreply Memorandum
May 16, 2005 US District Court, District of Columbia