As New York Challenges Critical Eastern LIS Dredging Site, Courtney Leads Connecticut Coalition Preparing to Fight Back

(Norwich, CT) — Today, Congressman Joe Courtney (CT-02) was joined by a broad range of stakeholders from Connecticut's maritime economy for a press conference to respond to New York State's legal challenge of the final EPA dredging rule for the eastern Long Island Sound approved late last year. During the press conference at New London's Union Station, Courtney shared that he was working closely with a coalition of regional organizations, the Connecticut Port Authority, Electric Boat and maritime organization to intervene in the lawsuit by filing an amicus brief in the federal court case defending both Connecticut's maritime interests and the EPA's plan. Courtney was joined by Michael Passero, Mayor of New London, and Chair, of the Southeastern CT Council of Governments; Robert Kaliszewski, Deputy Commissioner of Environmental Quality, CT DEEP; and Evan Matthews, Executive Director, Connecticut Port Authority. Representatives from other regional councils of government, Electric Boat, and the marine trades were also on hand in support of the effort.

CLICK HERE TO SEE PHOTOS FROM TODAY'S MEDIA EVENT IN NEW LONDON

"It would be difficult to overstate how important dredging and dredging disposal is to the maritime economy of southeastern Connecticut," said Courtney. "Without the regular dredging of ports and waterways, a vast array of economic activities in our region ranging from recreational boating to commercial maritime transportation, shipbuilding, the Coast Guard Academy, and the submarine base would simply cease. The fact that there are four councils of governments, representing over 70 Connecticut towns, demonstrates the overwhelming support and need for this dredging designation. When the EPA published the rule establishing the ELDS last year, it represented the final step in a long process to create environmentally responsible sites across the entire length of Long Island Sound. The final designation followed years of intense environmental reviews, robust public engagement, and consideration of all views on the future of dredging in our region. New York's lawsuit is an effort to overturn that deliberative process. If successful, this effort would disproportionately harm Connecticut's eastern shoreline and economy. This is too important of an issue to remain on the sidelines and our state needs to speak out strongly. I am proud of the strong support demonstrated today for the reasonable plan outlined by the EPA last year."

The state of New York is suing to have EPA's final designation establishing the ELDS overturned in a federal district court in New York. The EPA made its final designation in 2017 following years of intense environmental reviews, robust public engagement, and diligent consideration of all views about the future of dredging in the region. The final rule for ELDS was published in the Federal Register last December.

Without access to the ELDS, it is expected that transporting dredged materials to other sites will increase carbon emissions from ships and risk spills of dredged material as the transport distance is extended. In addition to the critical goal of protecting Long Island Sound and its resources, access to ELDS is vital to the local economy and that of the entire Long Island Sound region.

According to the Dredged Material Management Plan (DMMP), economic activities that utilize Long Island Sound waterways contribute more than $9 billion annually in economic output. Additionally, these economic activities support more than 55,000 jobs in the Long Island Sound region. As important, our region is host to a range of federal and military facilities dependent on the viability of accessible and cost-effective placement options. These include facilities like Naval Submarine Base New London and premier submarine builder Electric Boat, with facilities in both Connecticut and Rhode Island.

Key stakeholders preparing to file an amicus brief in support of the ELDS:

• Connecticut Port Authority
• Electric Boat Corporation
• Connecticut Marine Trades Association
• Cross Sound Ferry Services, Inc.
• Southeastern Connecticut Council of Governments
• Lower Connecticut River Valley Council of Governments
• South Central Region Council of Governments
• Western Connecticut Council of Governments

The four councils of governments joining the brief represent over 70 Connecticut towns, while in New York, only around 4 towns have joined similar briefs to overturn the dredging designation.

The formal filing of the brief is expected later this year. More information on the brief is available on the Connecticut Port Authority website.

Additional Background:

Following the U.S. Army Corps of Engineers' final Dredged Material Management Plan (DMMP) was completed, the EPA determined that a new site was necessary for long-term open-water dredged material disposal in the Long Island Sound region. The two dredging disposal sites currently in operation, Cornfield Shoals, and New London, are both short-term sites managed by the U.S. Army Corps of Engineers that are set to be closed later this year.

The periodic dredging of harbors and channels is essential to ensuring safe navigation. All dredged material placed in the Sound must pass stringent EPA testing requirements to determine whether the material is toxic. Any material that does not pass these tests will not be eligible for open-water disposal in Long Island Sound. EPA will require similar restrictions for the ELDS as those that were recently finalized for central and western Long Island Sound disposal sites. The new restrictions notably include a mandate that alternative means for disposal of dredged material, such as beach nourishment, be used whenever practicable before turning to open-water disposal.

Courtney has actively advocated for the designation of a final eastern disposal site. For example, he testified at the [date] public hearing on the DMMP, stressing the need for an eastern disposal site. He also coordinated letters from the Connecticut and Rhode Island Delegations in support of the plan.

• To read a letter sent by members from the Connecticut and Rhode Island delegations to the EPA in July 2017, click here

• To read a letter sent by members from the Connecticut and Rhode Island delegations to the EPA reaffirming support for the new site in October 2017, click here

Designation of the ELDS has been a priority for the regions military and defense industrial base stakeholders, noting how vital access to a dredge disposal site is to submarine construction and national security.

• To read a letter of support for the ELDS proposed rule from Groton SUBASE commander Captain A. Whitescarver, click here

• To read a letter of support for the ELDS proposed rule from Electric Boat President Jeffrey Geiger, click here