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New York City dumps sewage sludge into the New York Bight Apex 
pursuant to an interim permit. That permit requires the City to devise 
and implement an alternative method of disposal by December 31, 1981. 
When EPA refused to consider New York City's application to renew its 
interim permit, the City sued. EPA took the position that the sewage 
sludge amendment absolutely barred after December 31, 1981 all ocean 
dumping of sewage sludge found harmful to the marine environment. The 
City argued that the amendment only bars dumping in the ocean of sewage 
sludge which unreasonably degrades the marine environment and that in 
determining whether particular dumping is unreasonable, EPA must evaluate 
the cost and potential hazards of land-based alternatives and the effects 
of the proposed dumping upon the particular dumpsite. 
On April 14, 1981, a New York City Federal District Court agreed 
with New York City in New York City v. EPA. The Court concluded that 
MPRSA standard for issuing ocean dumping permits was whether ocean 
dumping was unreasonably harmful. In determining whether this standard 
was met in a particular case, EPA was required to balance the relevant 
statutory factors. The Court found EPA's regulatory scheme deficient in 
that it provided a conclusive presumption of unreasonable degradation if 
material failed EPA's environmental impact criteria without considering 
any of the other statutory factors such as alternative disposal options, 
the impact of the dumping at the dumpsite and the need for the dumping. 
The Court also determined that the sewage sludge amendment did not 
change the factors EPA was required to consider in determining whether 
dumping would unreasonably degrade the environment. The Court concluded 
that the amendment merely provided that after 1981 EPA may not permit 
dumping of sewage sludge in the ocean which fails to meet the MPRSA test 
for ocean dumping. While the 1981 deadline remains in effect, the Court 
concluded that the deadline only concerns dumping that EPA determines, 
pursuant to criteria that consider all of the relevant statutory factors, 
will unreasonably degrade the environment. 
As a result of the Court's decision, EPA and New York City have 
agreed that EPA will evaluate the City's application for an ocean dumping 
