60 
New York City Decision 
A CHALLENGE NOW IS TO ENSURE THAT A PROPER BALANCE BETWEEN THE 
VARIOUS AIR, LAND, SURFACE WATER, AND OCEAN DISPOSAL OPTIONS IS STRUCK - 
THIS ISSUE OF BALANCING OUR DISPOSAL ALTERNATIVES WAS CONSIDERED IN THE 
RECENT DECISION OF JUDGE SoFAER, IN CiTy oF New York v- EPA, 80 Civ. 
1677 (ADS) (S-D.N-Y. August 28, 1981). In City of New York JupGe 
SOFAER FOUND EPA HAD REFUSED TO RENEW New YorK’S OCEAN DUMPING PERMIT 
ON IMPROPER GROUNDS- AT ISSUE IN THAT CASE WAS EPA’s REFUSAL TO ALLOW 
New York CITY TO ATTEMPT TO SHOW THAT THE OCEAN WAS THE BEST SLUDGE 
DISPOSAL ALTERNATIVE, BECAUSE THE CITY COULD NOT DEMONSTRATE THAT IT 
WOULD MEET EPA’s ENVIRONMENTAL CRITERIA FOR OCEAN DISPOSAL- 
JupDGE SoFAER DETERMINED THAT EPA COULD NOT PRECLUDE OCEAN DUMPING - 
SIMPLY BECAUSE OF A FAILURE BY AN APPLICANT TO MEET THE ENVIRONMENTAL 
CRITERIA- RATHER, THE AGENCY WAS REQUIRED TO TAKE INTO ACCOUNT ALL THE 
RELEVANT STATUTORY FACTORS, INCLUDING THE NEED FOR THE PROPOSED 
DUMPING- THE COURT DECISION REQUIRES THE AGENCY, IN EVALUATING EACH 
OCEAN DUMPING APPLICATION, TO BALANCE THE ENVIRONMENTAL CONSEQUENCES 
AND NEED FOR OCEAN DISPOSAL WITH THE POTENTIAL ENVIRONMENTAL IMPACTS OF 
