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

New Law for Great Lakes Ships

  • Ballast holds can carry aquatic species from foreign ports to U.S. ports. Those species can cause severe damage to the ecological system of harbors, lakes and rivers. (Photo courtesy of NOAA Great Lakes Environmental Research Laboratory)

The Saint Lawrence Seaway is now open to international ship
traffic from the Atlantic Ocean to the Great Lakes. But as
Sarah Hulett reports, the start of this year’s Great Lakes
shipping season is raising questions about a new state law aimed
at protecting the lakes from invasive species:

Transcript

The Saint Lawrence Seaway is now open to international ship
traffic from the Atlantic Ocean to the Great Lakes. But as
Sarah Hulett reports, the start of this year’s Great Lakes
shipping season is raising questions about a new state law aimed
at protecting the lakes from invasive species:


The state of Michigan is now requiring ocean-going ships that
come into the state’s ports to get ballast water permits, and
agree not to discharge untreated ballast into the lakes.


Ballast water is pumped in and out of a ship to help keep it
level in the water, but ballast water is known to carry small
organisms from foreign waters that can wreak havoc on Great
Lakes’ ecosystems.


So far, only two shipping companies have applied for the
permits. John Jamian heads the Seaway Great Lakes Trade
Association:


“The joke is that the big players that represent over 98% of the
cargo that comes into Michigan ports have not filed for permits.”


Jamian’s organization and others are suing to get the law
overturned. They say it violates the Commerce Clause of the U.S.
Constitution.


For the Environment Report, I’m Sarah Hulett.

Related Links

States Pass Feds on Invasives Law

  • Federal restrictions have not stopped importation of invasive species. Now some states are passing laws that will stop some ocean-going ships from docking in their ports. (Photo by Lester Graham)

US ports receive more than imported cargo.
They often receive fish and other aquatic organisms
from foreign ports. They stow away in the ballast
water of cargo ships. Once in US waters, some of
the foreign species become invaders, damaging the
ecosystem. The federal government has done little
to stop these invasive species. Rick Pluta reports now some states have decided to take
things into their own hands:

Transcript

US ports receive more than imported cargo.
They often receive fish and other aquatic organisms
from foreign ports. They stow away in the ballast
water of cargo ships. Once in US waters, some of
the foreign species become invaders, damaging the
ecosystem. The federal government has done little
to stop these invasive species. Rick Pluta reports now some states have decided to take
things into their own hands:


The damage caused by invasive species carried to the US in
ballast water is not only harmful to the environment, but it
hurts the economy. The federal regulations have not stopped the
problem. So, states such as California and Michigan have passed
laws that require foreign ships to treat ballast water like
pollution. They have to clean it up before they can discharge it
into a port. The problem is, almost no ships have a way to treat
the ballast.


In Michigan, the Great Lakes shipping industry is trying to delay
the new Michigan rules. Shipping companies, port owners, and
dock workers say Michigan’s new rules are jeopardizing jobs
without actually stopping the introduction of new species into
the Great Lakes.


The damage caused by invasive species carried to the US in
ballast water is not only harmful to the environment, but it
hurts the economy. The federal regulations have not stopped the
problem. So, states such as California and Michigan have passed
laws that require foreign ships to treat ballast water like
pollution. They have to clean it up before they can discharge it
into a port. The problem is, almost no ships have a way to treat
the ballast.


In Michigan, the Great Lakes shipping industry is trying to delay
the new Michigan rules. Shipping companies, port owners, and
dock workers say Michigan’s new rules are jeopardizing jobs
without actually stopping the introduction of new species into
the Great Lakes.


People in the shipping business say the problem is Michigan is
the only state in the Great Lakes region that is requiring ocean-
going freighters to install expensive technology as a condition
of using one of its ports.


John Jamian is the president of the Seaway Great Lakes Trade
Association. He says requiring ocean-going freighters to install
expensive technology before they can dock in Michigan ports won’t
solve the problem. The ships will just go to other Great Lakes
ports.


If a ship goes to Windsor or Toledo that doesn’t have these rules
and regulations, they will discharge their cargo. If there were
any critters on those ships they could still swim or crawl into
Michigan waters, so you still haven’t solved anything.


Jamian represents the owners of ships that travel from the
Atlantic Ocean to the Great Lakes via the Saint Lawrence Seaway.
He says ship owners will very likely avoid Michigan ports, and
choose to unload at ports in other states and Canada:


“The fact of the matter is that they’re not going to put an
expensive piece of equipment just because Michigan calls for it
on their ship when in fact it may not be acceptable anywhere else
in the world and it might just be easier to take that cargo
across the river and unload it where they don’t have these
regulations.”


And for Michigan ports that are near other competing ports,
that’s a concern. Patrick Sutka is the treasurer for Nicholson
Terminal and Dock Company at the Port of Detroit:


“We fear these ships may be going to other ports, such as Windsor
right across the waterway, or other competitors of ours such as
Toledo or Cleveland.”


At the height of the shipping season, there might be three
freighters at a time moored to the docks, offloading steel and
other cargo. A hundred trucks a day will move in and out of the
docking area to get those commodities to factories.


On the dock right now are dozens of stacks of 20-ton slabs of
steel from France and Russia. That Russian steel was most likely
shipped from a port in the Caspian Sea or the Black Sea. The
freighters take on ballast water from those seas for the voyage
to the Great Lakes. That ballast water helps keep the ships low
and steady in the water.


The ships are required to exchange the water in deep ocean mid-
journey. The salt water is supposed to kill the fresh water
organisms. But, some organisms can survive the trip. That’s how
zebra mussels, quagga mussels and the round goby fish made their
way from the Balkans to the Great Lakes.


Those invasive species and others combine to cost the economy an
estimated 5 billion dollars a year. For example, zebra
mussels cost taxpayers and utility customers. It shows up in
your power bill because the utilities have to pay divers to
scrape the crustaceans off pipes carrying cooling water to power
plants.


Shipping companies, port owners, and dock workers’ unions are all
pressuring Michigan to hold off on enforcing its new law. What
they’d really like is for the federal government to step in,
negotiate with Canada, and create a regional set of rules for
combating aquatic invaders:


“…But the federal government has not had the guts or the
gumption to step up to the plate and get this done.”


Patti Birkholz chairs the Michigan Senate Environmental Affairs
Committee. She sponsored the law:


“So we’re going to do it on a state-by-state basis. Our eco-
system within the Great Lakes is what many scientists have termed
‘on the tipping point.’ We cannot deal with any more invasive
species in this system, and we know the majority of the invasive
species come through the ocean-going vessels. They know they’re
the cause. We know they’re the cause. We’ve got to deal with this
situation.”


Michigan’s new law is as much a political statement as anything
else and other states are starting to follow Michigan’s lead.
Birkholz says Wisconsin and New York could pass ballast standards
this year.


In the mean time, Michigan environmental officials say they
intend to enforce the state’s requirements when the Great Lakes
shipping season resumes in the spring. But, so far, no ocean
freighters have applied for a permit to dock at a Michigan Port.


For the Environment Report, this is Rick Pluta.

Related Links

New Method Assails Exotic Hitchhikers

A new way to prevent rust in the ballast of ships might also prevent many alien aquatic animals from being transported from port to port. The Great Lakes Radio Consortium’s Lester Graham has details:

Shipping Season Docks Early

Much of the shipping on the Great Lakes is expected to end early this year. The economy has reduced freighter traffic and some ships are already docked for the winter. The Great Lakes Radio Consortium’s Lester Graham explains:

Transcript

Much of the shipping on the Great Lakes is expected to end early this year. The economy has reduced freighter traffic and some ships are already docked for the winter. The Great Lakes Radio Consortium’s Lester Graham reports.


The last couple of years, the shipping season has lasted longer. That’s because ships have been forced to carry lighter loads because of low water levels in the Great Lakes. And that meant more trips to carry the same tonnage. This year, though, some ships are tying up for the winter early. The slower economy has hit Great Lakes shipping, particularly those ships carrying raw materials for the steel industry. According to a report in the Toledo-Blade, iron ore mines have cut production and steel mills have produced significantly less steel. While only a handful of ships are berthed for the winter right now, a spokesperson for the Lake Carriers’ Association was quoted as saying they expect to see more early lay-ups. The shipping companies are hoping for an economic turnaround next year. For the Great Lakes Radio Consortium, this is Lester Graham.