Court asked to keep toxic ships in US

The federal court in Washington DC will decide today whether to grant an emergency bar on a "ghost fleet" of ageing, contaminated US navy ships sailing to Britain.

Campaigners made the application yesterday arguing that the 13 redundant ships are a potential environmental catastrophe.

Concern about the fleet, which is destined for Hartlepool in Teesside, was raised by a report in the Guardian that revealed the plans.

The ships are contaminated with banned carcinogenic polychlorinated biphenyls (PCBs), asbestos and heavy marine diesel oil.

Salvagers fear that if they sail without extensive work one or more could break up during the 4,000-mile voyage.

The legal move in the US came as the Environment Agency approved the decision to allow the ships to be scrapped in the UK, arguing that it was "a better solution for the environment than disposing of then in under-developed countries".

Today the judge will decide whether to grant the temporary restraining order against the US maritime administration. If granted, the ruling will confine the ships to a dock in James River, Virginia, until a full hearing can take place.

An enforced delay could pose a big problem for the US authorities and Able UK, the company which won the contract to scrap the 40- to 50-year-old vessels, because they must be moved by mid-October to avoid heavy seas.

The application was made by the US environment groups the Basel Action Network and Sierra Club.

A US law firm, Earthjustice, is representing the groups free of charge.

Martin Wagner, for Earthjustice, said: "We argued that the export of these ships would violate a number of US laws, including the toxic substances control act and the national environmental policy act."

Able UK has said that the ships are safe to sail.

The contract is worth £16m and will create about 200 jobs at the yard.