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FEASIBLE LAND-BASED ALTERNATIVES- IN THE INTERIM, THE COURT HAS 
ENJOINED EPA FROM TAKING ANY ENFORCEMENT ACTION AGAINST New York City 
WITH RESPECT TO THE CITY'S OCEAN DUMPING OF SEWAGE SLUDGE SO LONG AS 
SUCH DUMPING IS ACCOMPLISHED IN ACCORDANCE WITH THE CONDITIONS OF THE 
CITY'S LAST OCEAN DUMPING PERMIT- EPA Is RECONSIDERING New York's 
REQUEST FOR RENEWAL OF ITS OCEAN DUMPING PERMIT IN ACCORDANCE WITH THE 
COURT DECISION- WE WILL EVALUATE THE REQUEST IN LIGHT OF THE 
ENVIRONMENTAL RISKS AND COSTS OF OCEAN DUMPING AND OF ALL FEASIBLE 
ALTERNATIVES, INCLUDING ALTERNATIVE OCEAN DUMPING SITES- 
AFTER CONSIDERATION OF ALL THE ARGUMENTS FOR AND AGAINST APPEAL OF 
JupGE SoFAER’S DECISION, THE AGENCY DECIDED NOT TO APPEAL, FOR THE 
FOLLOWING REASONS: 
FIRST, AND MOST IMPORTANT, WE CONCLUDED THAT JUDGE SOFAER’S 
DECISION IS CONSISTENT WITH THE INTENT OF CONGRESS TO PROHIBIT THE 
DUMPING OF MATERIALS WHICH WOULD UNREASONABLY DEGRADE THE MARINE 
ENVIRONMENT- THE DECISION ONLY REQUIRES EPA To CONSIDER ALL OF THE 
STATUTORY FACTORS SET FORTH IN SECTION 102(A) oF THE ACT IN DETERMINING 
WHETHER OCEAN DUMPING OF SEWAGE SLUDGE UNREASONABLY DEGRADES THE OCEAN 
ENVIRONMENT - 
