In addition to ballast water, the EPA regulations also are required to cover other discharges from ships.

Matthew Sanders is one of the plaintiffs’ lawyers. He says that ships frequently discharge water that contains an array of pollutants like oil and grease, fish waste, and soap and chemicals from shipboard laundries.

“These wastes are then released into the water and pollute water that is not only the ocean water, but can migrate into what becomes drinking water sources for humans,” he said.

While the EPA has not responded to the complaint and its defense to the claim is not yet known, Sanders said, “We think it’s a straightforward case of EPA missing a statutory deadline… whatever the reason ultimately is, it doesn’t matter. Congress required EPA to issue standards by a date certain. And EPA is well past that deadline.”