Archived press release

High court battle to save wildlife from ghost fleet

30 October 2003

The UK's most influential environmental organisation is today (Thurs 30 Oct) taking the Government's green watchdog, the Environment Agency, to the High Court over its decision to allow the so-called US "Ghost Fleet" of toxic ships to be scrapped in the UK without an appropriate environmental assessment.

This is the first time the pressure group has taken legal action against the Government quango. Friends of the Earth is asking for an urgent hearing in the next four weeks.

Friends of the Earth is calling for a judicial review of the Agency's decision to grant a waste license to Able UK, allowing the so-called US "Ghost Fleet" of toxic ships to be scrapped in the UK without carrying out the necessary environmental assessment.

Friends of the Earth maintains that the Environment Agency is in breach of European and UK law by granting the licence to scrap up to thirteen US Ghost Fleet ships in Hartlepool on Teeside without properly assessing the threat to the internationally protected wildlife site.

Friends of the Earth's Executive Director, Tony Juniper, said:

"Friends of the Earth is committed to protecting the environment and will use all the legal means we have to do so. These ships should have never left the USA. The Americans have the capacity, skills and moral obligation to deal with their own waste. They should not be endangering wildlife here or dumping waste on a community that has already suffered decades of pollution."

The threatened sites are protected under domestic, European and International law because of their importance for water bird species including the Knot, Shelduck and Redshank. The wildlife sites are important feeding grounds for birds throughout the year and noise disturbance could prevent the birds feeding leading to starvation. Friends of the Earth's concerns have been endorsed by the RSPB who have called for environmental assessments to be carried out.

Three individuals from Teesside also started legal proceedings against the Government quango today [1]. They want an immediate injunction to prevent dismantling work being carried out on the ships on the basis that the Environment Agency did not take into account the `proximity principle' that requires waste to be treated where it arises.

Background information on threatened internationally important wildlife site:

Site Name: Seal Sands

Status: Site of Special Scientific Interest (SSSI), part of specially protected area (SPA) and part of internationally protected Ramsar Site

"Teesmouth Flats and Marshes" are of international importance and meet the criteria for designation under the terms of the European Community Directive 79/409/EEC on the Conservation of Wild Birds and for inclusion on the list of Wetlands of International Importance under the Ramsar Convention.

Seal Sands are the only extensive area of inter-tidal mudflats for 200 miles.

The mudflats attract more than 20,000 birds with internationally important concentrations of various birds.

Knot and Redshank are the most important species of wading birds using Seal Sands as their main feeding ground during the winter months

The mudflats are feeding grounds for dunlin, oystercatcher, ringed plover, curlew, bar-tailed godwit, lapwing, grey plover and turnstone.

Map link:
http://www.magic.gov.uk/website/magic/viewer.htm?startTopic=magstatrural
&chosenLayers=&activelayer=gazIndex&qzoom=OBJECTID%3d9639

Background information on "Ghost Fleet":

The ships contain over 500,000 gallons of fuel and oil, and have been classified as having a high potential to leak by the US Marine Administration and posing a significant risk to the environment.

The risk to US wildlife sites is one of the reasons why the US Marine Administration is under pressure to remove the ships from the James River in Virginia.

On 30 September 2003 the Environment Agency gave the green light to the ships leaving the States to come to Britain when it agreed to modify a Waste Management Licence (WML) issued to ABLE UK allowing it to dismantle greater quantities of redundant sea structures.

Four boats have already left (the Canisteo and Caloosahatchee) and are currently due on Teesside around 9 Nov. The next two are Compass Island and Canopus.

A further 9 ships could be sent to Britain in spring 2004.

Able UK, the company carrying out the scrapping operation, had applied for a planning license to build a dry-dock to deal with the boats but withdrew the application hours before a decision was to be made that an Environmental Impact Assessment was required. Able then sought to rely on an old planning permission to build a "rock-filed bund" which they accepted was not as environmentally friendly as the cofferdam but were told that the planning permission had lapsed and that they would have to apply again and would probably need to carry out an Environmental Impact Assessment.

Friends of the Earth opposes the import to the UK of boats from the US ghost Fleet because:

• The United States has the facilities and capacity to deal with the toxic fleet.
• The boats, which are in varying states of disrepair, are heavily polluted with oil, asbestos, PCBs and other toxic material. Bringing them to Teesside is extremely hazardous and poses serious pollution threat.
• An assessment into the potential environmental and economic threats posed has not been carried out.
• Local communities have not been adequately consulted.
• The area involved has suffered years of environmental injustices and a vision of a cleaner and healthier future must be developed and implemented.

Note

[1] The three Hartlepool residents are represented by Phil Shiner of Public Interest Lawyers

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Published by Friends of the Earth Trust