The Battle Over Ocean Dumping
Should ocean dumping of all harmful municipal and industrial wastes be prohibited?
Should the oceans be more protected against waste disposal than alternative media?
A decade after the initial passage of Title I of the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping Act),1 these fundamental questions of environmental philosophy and national policy remain unresolved. Recent developments in the administration of the Act as it applies to sewage sludge have highlighted these issues, but so far, neither the Congress nor the Environmental Protection Agency (EPA) seems prepared to address them head-on. As a result, the current ambiguity of national policy is likely to persist for at least another year, leaving all of the affected parties at sea. A review of the recent judicial, legislative, and administrative developments is worthy of attention both because of their intrinsic importance and as a fascinating example of the legal process at work.