Americas News
Alaska ECA Challenge Rejected
A U.S. judge has rejected a challenge to the Emissions Control Area (ECA) requirement that ships use low-sulfur fuel on the Southeast and Southcentral coasts of the state of Alaska, Alaska Dispatch reports.
U.S. District Judge Sharon L. Gleason said the state could not bring its argument to court because the ECA rules, which stem from an international MARPOL agreement, are not subject to judicial review.
"Judicial review of (then-secretary of state Hillary Clinton's) decision to accept the North America ECA would demonstrate a lack of respect for both Congress's intent and Secretary of State's executive power," Gleason wrote.
Alaska had argued that the U.S. State Department acted illegally when it accepted the ECA because the Senate had not given the required two-thirds approval to extend emissions controls to the state, but Gleason ruled that the court does not have the authority to question how the State Department exercised its authority.
Alaskan officials have called the requirement concerning low-sulfur fuel "a tax on all Alaskans," saying it would hurt the state's economy, including its seafood and cruise industries.
The state is considering appealing the decision.
"The State is disappointed in the district court's dismissal of its challenge to the ECA imposed on Alaska and is looking at its appeal options," said Cori Mills, an Alaska assistant attorney general.
