Citizen Lawsuit Targets Foreign Ships

  • Ocean vessel loading grain at elevator in Superior, Wisconsin. Nine foreign ships have been identified in the lawsuit against international shipping companies. (Photo by Jerry Bielicki, USACOE)

For decades foreign ships have brought tiny stowaways – called invasive
species – into the United States. And once they get loose, they upend
ecosystems and cause billions of dollars in damage. The shipping
industry has yet to seriously address the problem, and now conservation
and environmental groups are suing the companies they say are most at
fault. Mark Brush has more:

Transcript

For decades foreign ships have brought tiny stowaways – called invasive
species – into the United States. And once they get loose, they upend
ecosystems and cause billions of dollars in damage. The shipping
industry has yet to seriously address the problem, and now conservation
and environmental groups are suing the companies they say are most at
fault. Mark Brush has more:


In 1988, the now infamous zebra mussel slipped out of a ship’s ballast
tank near Detroit. It didn’t take long for it to spread, first
throughout the Great Lakes, then through the Ohio and Mississpi rivers,
then on to Alabama and Oklahoma, and now it’s as far west as Nevada.


The mussels clog up intake pipes at water and power plants and mess up
the food chain. In some places in the Great Lakes, they’ve severely
damaged the sport fishing industry.


And that’s the damage just one foreign pest can do. More than a
hundred have gotten in and more are on the way. The government has
done little to stop the spread of these pests from foreign ships. In
2005, a federal court in California ordered the EPA to set up a system.
The EPA appealed that ruling.


Andy Buchsbaum is the Director of the National Wildlife Federation’s
Great Lakes office. He says ballast water from foreign ships should be
regulated:


“The law is very clear. The Clean Water Act says you cannot discharge
pollution into navigable waters, like the Great Lakes, without first
obtaining a permit. Period. Any discharge without a permit
is illegal.”


So, instead of waiting for the EPA to act, several environmental and
conservation groups, including Buchsbaum’s group, say they are planning
to sue several shipping companies that operate ocean-going boats on the
Great Lakes. They’re targeting nine boats they feel are the biggest
violators.


Industry representatives have said that ballast water regulations would
hurt international shipping, but in the Great Lakes, it’s estimated
that ocean-going ships make up only 6% of the overall tonnage.


Joel Brammeier is with the Alliance for the Great Lakes, one of the
groups that intends to sue the ship owners. He says a few ocean-going
boats have caused a lot of damage:


“The cost savings that we’re seeing from allowing unregulated ocean
shipping on the Lakes pales compared to the economic burden that
invasive species are placing on the Lakes. That’s stunning. The
ocean-going shipping industry is actually bringing in less than the
region is losing because of the things that ocean going ships
unintentionally bring in.”


The environmental and conservation groups who intend to sue say there
are ballast water cleaning technologies available now. The National
Wildlife Federation’s Andy Buchsbaum says they’re willing to back off
their lawsuit if the ship owners promise to clean up their ballast
water:


“This legal action is not designed to shut down the shipping industry
in the Great Lakes. That is not our intention. Our intention is to
get these guys to comply with the Clean Water Act. And that means
putting on treatment technology and getting permits.”


The shipping industry says it needs more time. Steve Fisher is with
the American Great Lakes Ports Association. He concedes there are some
technologies to clean up ballast water:


“I’ll be very frank with you. There’s technologies out there that will
do something.”


(Brush:) “So, why not use those?”


“Because a ship owner needs to know how high the bar is before he jumps
over it.”


In other words the ship owners won’t clean up their ballast water until
the federal government tells them how clean is clean, and so far, the
federal government hasn’t done that.


The EPA and the shipping industry say they’re working on the decades
old problem, but the groups that intend to sue say they’re not moving
fast enough. More invasive species are getting in. They’re hoping the threat of a
lawsuit will help force more action sooner.


For the Environment Report, I’m Mark Brush.

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