A federal judge has upheld the constitutionality of a state law restricting ballast water on
ships entering the Great Lakes. As Rachel Lippmann reports, the ruling clears the way
for other states to take similar action to control the spread of invasive species:
Transcript
A federal judge has upheld the constitutionality of a state law restricting ballast water on
ships entering the Great Lakes. As Rachel Lippmann reports, the ruling clears the way
for other states to take similar action to control the spread of invasive species:
The Michigan law requires ocean-going ships that want to exchange ballast water while
in Michigan ports to clean that water before discharging it into the Great Lakes. The
court rejected arguments from shipping companies that Michigan’s action violated the
Interstate Commerce Clause.
Cameron Davis is the president of the Great Lakes Alliance, which joined the state of
Michigan in the lawsuit. He says the ruling makes it clear states have the right to adopt
their own environmental protections:
“We’re really challenging the other states to quit sitting on the sidelines and start to move
ahead with their own invasive species protections.”
Ohio lawmakers have just proposed similar ballast water law. The bill would also require
Ohio to work with the seven other Great Lakes states and Ontario to develop region-wide
regulations.
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)
Even if ballast water is pumped out of ships, puddles and sediment usually remain at the bottom of the tank, both of which can contain non-native living organisms. (Photo courtesy of NOAA Great Lakes Environmental Research Laboratory)
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.
Some environmentalists are calling for a moratorium on foreign ships entering the Great Lakes. Foreign ships are believed to be responsible for many of the invasive species causing billions of dollars of damage to the Great Lakes economy and ecosystems. (Photo by Lester Graham)
Environmentalists are trying to ratchet up pressure on the shipping
industry over invasive species. They’re calling for a moratorium on
allowing ocean-going ships into the Great Lakes. David Sommerstein
reports:
Transcript
Environmentalists are trying to ratchet up pressure on the shipping
industry over invasive species. They’re calling for a moratorium on
allowing ocean-going ships into the Great Lakes. David Sommerstein
reports:
Foreign freighters account for about 25% of overall tonnage on the
Great Lakes.
Jennifer Caddick says those ships’ ballast water bring a new invasive
species into the region, on average, every six months. Caddick’s
group, Save The River, has joined Great Lakes United in a petition
campaign for a moratorium:
“There is continuous talk, you know over the past 10 or 15 years, about having new, stronger ballast regulations
to stem the flow of invasive species, and unfortunately, nothing has
happened. Frankly, we have said enough is enough.”
Caddick admits a moratorium is unlikely. The agency that runs the
shipping lanes says it would violate a 1909 treaty with Canada.
Invasive species do billions of dollars of damage in the Great Lakes.
There are five bills in Congress to address the problem, but none has made
it out of committee.
For The Environment Report, I’m David Sommerstein.
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.
