Appeals Court takes up Cook Inlet discharge permits

July 27, 2010

Court documents say the EPA wants to work with the Alaska Department of Environmental Conservation to take another look at the state's analysis. (File/KTUU-DT)

by Jackie Bartz
Tuesday, July 27, 2010

ANCHORAGE, Alaska -- On the Ninth Circuit Court of Appeals' second day in Anchorage, lawyers battled over the Clean Water Act.

Environmentalists say Cook Inlet's oil platforms dump billions of gallons of pollution into the inlet, while the Environmental Protection Agency says it issued discharge permits to the oil companies in accordance with state guidelines.

Cook Inlet Keeper and several other groups want the EPA to reissue a permit for oil and gas platforms in Cook Inlet.

Attorneys claim Cook Inlet is the only place in the country where oil platforms can discharge pollution into the water.

According to Cook Inlet Keeper Executive Director Bob Shavelson, the pollution is a combination of oil and water that is run through a rudimentary treatment process before being dumped into the inlet.

He says it's a violation of the Clean Water Act.

Court papers say the EPA relied on flawed analysis by the state.

Attorneys argue that part of the problem is that the state classifies Cook Inlet as an ocean, not an estuary

"(In) Cook Inlet the EPA is allowing them to go roughly two miles away from the discharge pipe and are saying everything in the two-mile area is a sacrifice zone, so we're not going to protect fish in that area," Shavelson said.

The agency wants to voluntarily remand part of the permit.

Court documents say the EPA wants to work with the Alaska Department of Environmental Conservation to take another look at the state's analysis.

Both agencies suggest putting the policy up for a public comment.

Attorneys for the EPA say it stands by the technology the oil companies use and the water quality.

Attorneys went on to say it's not economically feasible to have zero discharge in Cook Inlet.

A spokesperson for the EPA says agency policy is not to comment on ongoing litigation.

It's unknown when the court will make a ruling.

Contact Jackie Bartz at jbartz@ktuu.com

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