Hearing likely to delay ghost fleet ships' export
by David Lerman, Daily Press
30 June 2004 (Washington) – A federal judge has postponed until the fall a hearing on a lawsuit challenging the government's authority to export nine obsolete ships from the James River Reserve Fleet to Great Britain for disposal. The hearing, originally set for Aug. 6, has been rescheduled for Oct. 1, according to a motion issued Monday by U.S. District Judge Rosemary M.Collyer.
The delay means there is now virtually no chance that any ships from the so-called ghost fleet will be sent to England this year, officials agreed.
Environmental activists sued the U.S. Maritime Administration last year, claiming the effort to send 13 ships from the fleet to England would violate laws banning the export of hazardous waste. The ships contain asbestos and toxic polychlorinated biphenyls, or PCBs, officials say.
Collyer allowed the first four ships to depart last year, but issued a temporary restraining order blocking the rest from leaving the James until after a further review by the court.
The new delay - described as a mutual decision by both sides - provides clear evidence that the Maritime Administration has no intention of trying to tow any more ships to England before next year, even if it wins the court case.
A court decision in August would have left little time to organize a towing operation across the Atlantic before the hurricane season and winter weather conditions begin.
"There was no longer any rush to get the court to resolve the case," said J. Martin Wagner, an attorney for Earthjustice, an environmental group that filed the lawsuit. "If they're not going to export the ships, we definitely don't have any objection" to the delay.
The Maritime Administration, which owns the ships, had no immediate comment Tuesday.
Under a new contract announced last week, three of the nine ships slated to go to Britain will instead go to Texas for immediate disposal. If the courts allow the British deal to proceed, three different ships will be substituted so that the British company - Able UK Ltd. - will still receive a total of nine ships, officials have said.
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