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.

Related Links

Ballast Law Battle Builds

  • Foreign ships like this one from Cypress are known as "Salties." They account for about 5% of ship traffic on the Great Lakes. If a salty dumps its ballast water in a Michigan port, they first have to show the state that they've sanitized the water. International shipping agencies have sued the state over this law. (Photo by Mark Brush)

The fight over foreign invasive pests in cargo ships is heating up. Mark Brush
reports environmental and conservation groups are going to court to defend
one of the toughest ballast water laws in the country:

Transcript

The fight over foreign invasive pests in cargo ships is heating up. Mark Brush
reports environmental and conservation groups are going to court to defend
one of the toughest ballast water laws in the country:


It’s been estimated that invasive species in the Great Lakes do billions of dollars in
damage every year. To stop foreign pests from getting into its waters, the state of
Michigan passed a law that affects all ocean-going ships stopping in
its ports. It requires them to sanitize their ballast to eliminate
invasive species that stow away in it.


International shipping agencies sued the state. They say Michigan’s
law will hurt interstate commerce.


Andy Buchsbaum is the director of the National Wildlife Federation’s
Great Lakes office. It’s one of the groups defending the ballast water
law. He says the international shipping industry might have opened
itself up to counter litigation:


“They fired the first shot – the ocean going shipping industry fired
the first shot, but it’s only the first shot. And I think you’re going
to see an awful lot of action that follows through on this. They’re
going to regret that they filed this lawsuit.”


A hearing on Michigan’s Ballast Water law is scheduled to take place
this May.


For the Environment Report, I’m Mark Brush.

Related Links

President’s Budget Cuts Great Lakes Programs

The President’s proposed budget calls for big boosts in military and homeland security spending. And deep cuts to many domestic programs. As the Great Lakes Radio Consortium’s Rebecca Williams reports, the Great Lakes are getting their share of cuts too:

Transcript

The President’s proposed budget calls for big boosts in military and
homeland security spending. And deep cuts to many domestic programs.
As the Great Lakes Radio Consortium’s Rebecca Williams reports, the
Great Lakes are getting their share of cuts too:


Several groups are calling the President’s budget a net loss for the Great
Lakes.


A fund that helps states update their outdated sewage treatment plants is
slated to get one of the biggest cuts. Programs that protect fisheries from
the destructive sea lamprey would also get cut back.


Andy Buchsbaum directs the Great Lakes office of the National Wildlife
Federation.


“We knew that it was going to be a tight budget year, but it really was pretty
shocking to see the level of cuts in key Great Lakes programs. Now
there were some programs that went up but by and large across the board
the programs were severely cut, in things that are just critical.”


One action Buchsbaum says is critical is stopping the Asian carp from
getting into the Great Lakes. Right now, there’s no federal funding for an
electric barrier designed to keep the invasive carp out.


It’s now up to Congress to decide whether to go through with these
proposed cuts.


For the GLRC, I’m Rebecca Williams.

Related Links