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

Wetlands Ruling Confusing

Federal officials just announced which
wetlands they’ll protect and which ones they
won’t. The announcement was supposed to clear up
the confusion around federal wetlands
protection. But as Mark Brush reports, the
confusion and the controversy continue:

Transcript

Federal officials just announced which
wetlands they’ll protect and which ones they
won’t. The announcement was supposed to clear up
the confusion around federal wetlands
protection. But as Mark Brush reports, the
confusion and the controversy continue:


The controversy began when government officials stopped developers from building on
wetlands. The Supreme Court ruled the government should clear up exactly which
wetlands are protected under federal law.


Federal agencies now have new guidelines, but the Assistant Secretary of the Corps of
Engineers says it’s not clear whether more wetlands are at risk:


“It’s, I would say, very difficult if not impossible to determine the precise impact of this
vis a vis the prior existing regulation.”


Some environmentalists believe that more wetlands will be at risk because of the new
guidelines. Jim Murphy is an attorney with the National Wildlife Federation:


“It increases confusion. It puts a lot of important resources at risk. It’s really a disaster
all around.”


Now, Congress might step in with new laws to protect more wetlands.


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

States Silent on Great Lakes Withdrawal Regs

A year ago, governors of all eight Great Lakes states endorsed a
multi-state compact to protect the lakes against plans to pump water out of
the basin. Bill Cohen reports… a full year later, not one state legislature
has actually approved the compact:

Transcript

A year ago, governors of all eight Great Lakes states endorsed a multi-state compact
to protect the
lakes against plans to pump water out of the basin. Bill Cohen reports… a full year
later, not one
state legislature has actually approved the compact:


Most states haven’t even gotten one of their legislative chambers to okay the
compact. Most
people think the compact is to protect against shipping millions of gallons of water
to foreign
countries, but the biggest roadblock has been the fear that each state would be
giving up the right
to allow water diversions for its own cities and industries.


Molly Flannagan with the National Wildlife Federation says environmental activists
are not giving
up. She says 2006 has been a year to educate lawmakers:


“We had four states that had legislation introduced this year. We’re expecting to
have more states
introducing legislation next year. I think this is the year really of building
momentum towards
getting the compact done, hopefully in 2007 or 2008.”


Backers of the plan are also seeking approval from Quebec and Ontario.


For the Environment Report, I’m Bill Cohen.

Related Links

Tribes Take Climate Change to Washington

Some Native American tribes are starting to raise more concerns about climate change. Chuck Quirmbach reports:

Transcript

Some Native American tribes are starting to raise more concerns about climate change. Chuck Quirmbach reports:

About fifty tribes recently met with the National Wildlife Federation, for a conference on global climate change.


Paul Christel is fisheries biologist for the Lac Courtes Oreilles Band of Lake Superior Chippewa. He says the tribes are getting a better handle on how global warming is affecting tribal lands and waters. In colder climates, Christel says ice is arriving later and melting earlier, which can affect fishing seasons.


“You know, customs that have been carried on for thousands of years are all of a sudden shaken up. And it’s not a theoretical issue anymore. It’s hitting people in a very real, very physical way.”


Christel says he hopes Congress and the Bush Administation will take note of the greater tribal interest in slowing down climate change.


For the Environment Report, I’m Chuck Quirmbach.

Related Links

Program Works Toward Greener Golf Courses

  • Centennial Acres Golf Course in Sunfield, Michigan has increased protections for employees who mix and load chemicals, and has learned how to apply pesticides correctly. (Photo by Erin Toner)

Golf courses are among the biggest water users in the country,
and they use a lot of pesticides and fertilizers that could end up in waterways. The potential for pollution is growing as golf becomes more popular around the world. But thousands of golf courses are working to become certified as environmentally-friendly. The GLRC’s Erin Toner reports on a program that helps golf courses comply with environmental laws, save money, and become more natural:

Transcript

Golf courses are among the biggest water users in the country, and they use a lot of
pesticides, herbicides and fertilizers that could end up in waterways. The potential for
pollution is growing as golf becomes more popular around the world. But thousands of
golf courses are working to become certified as environmentally-friendly. The GLRC’s
Erin Toner reports on a program that helps golf courses comply with environmental laws,
save money, and become more natural:


I’m at Centennial Acres Golf Course in Sunfield, Michigan and it’s a perfect summer day:
the sky is a deep blue, the air is warm and it smells like grilled hot dogs. The hot dogs
are for military veterans here for a golf outing. The outing hasn’t started yet, but already
most of the day’s work on the course is finished. The fairways and the greens have been
sprayed and mowed, and a couple of high school kids are washing the mowers and
parking them in a big garage.


(Sound of sprayer)


Debbie Swartz is the director of the Michigan Turfgrass Environmental Stewardship
Program at Michigan State University. It certifies golf courses that have completed a list
of environmental improvements. Today, Swartz is doing a follow-up visit at Centennial
Acres to check on the course’s progress. She’s watching how the staff is cleaning the lawn
mowers:


“The problem is that you need to get rid of the water and you need to get rid of the
clippings. And years ago, a very easy solution would be to take this operation and put it
as close to a river as possible. And we’ve learned over the years that that’s not
appropriate. You’re loading a waterway with nutrients and so we needed to come up with
solutions on how we could clean equipment in an environmentally-sound way.”


Swartz says Centennial Acres is doing it the right way. The mowers are being cleaned on
a cement pad to reduce runoff. Clippings are first blown off the machines with air
sprayers so fewer pesticides end up in the water. Then, the clippings and the water are
applied to the golf course. This is one of many changes the course has made after
enrolling in the Environmental Stewardship Program. It also installed cement pads and
walls around its fuel tanks and it built barriers around wellheads to guard against
groundwater pollution. Josh Mattice is the golf course superintendent. He says he was
surprised at all the things he needed to work on:


“Absolutely, there was a lot of stuff that that’s the way it’s been for years and you really
don’t pay much attention to it and when somebody else brings it up it kind of turns a light
bulb on and says oh, geez, you know, that’s a good idea, or that’s something that we need
to look into.”


Mattice says the biggest change was protecting ponds and creeks on the course from
chemicals. To do that, he stopped mowing right up to the water’s edge and let those areas
grow naturally, weeds and all. The vegetation serves as a buffer, trapping chemicals
before they get into the water. Mattice says these overgrown areas were kind of tough at
first for the golfers because perfectly manicured courses have been the gold standard in
golf:


“It was rough at first, ha, ha, that’s for sure. But now that they’ve gotten used to it and
understand the reasoning behind it, they’re all for it. They’ve learned to appreciate the
natural beauty.”


Now, 15 acres on the golf course never get mowed, saving gas and money. Similar
buffers zones are being created at nearly all the golf courses in the stewardship program.


(Sound of golf swing)


Paul McCoy is teeing off at Centennial Acres. He’s been a member here for 15 years, and
he golfs every single day. McCoy says he doesn’t mind the natural buffers because they’re
mostly out-of-play areas anyway. And he likes the wildlife they attract:


“When I’m out on the course every day and I see turkeys all over the place, like I did
today, eight turkeys. Yesterday I saw two bucks out there with the velvet steel on the
horns. And I’ve seen the hawks nest out there with two hawks, a mother hawk and I see
that everyday I think it’s a great place to be right here on this golf course.”


About a quarter of Michigan’s 900 golf courses are enrolled in the Environmental
Stewardship Program. Audubon International has a similar certification program, with
more than 2 thousand golf courses enrolled worldwide.


It costs a couple hundred dollars a year for courses to be involved in these programs. But
the cost is pretty low compared to potential fines for violating environmental rules. The
program’s also helping to bring in business for some courses. Already this summer, a
handful of groups have booked Centennial Acres for their golf outings specifically
because the course has been certified as a friend of the environment.


For the GLRC, I’m Erin Toner.

Related Links

New Life for Old Asylums

Some of the large state asylums for the mentally ill built in the late 1800s were designed with the idea that natural beauty has a healing effect. And architects designed the buildings to be majestic… not just institutional looking. In the decades since the asylums closed, their stately grounds remain valuable. But many of the fine buildings either have been torn down or are facing demolition. Some are being partially renovated for new uses. The GLRC’s Bob Allen reports on one of the very few in the country that’s being fully restored:

Transcript

Some of the large state asylums for the mentally ill built in the late 1800s
were designed with the idea that natural beauty has a healing effect. And
architects designed the buildings to be majestic… not just institutional
looking. In the decades since the asylums closed, their stately grounds
remain valuable. But many of the fine buildings either have been torn
down or are facing demolition. Some are being partially renovated for
new uses. The GLRC’s Bob Allen reports on one of the very few in the
country that’s being fully restored:


Gently winding roads guide you through views of century-old trees and
rolling lawns that make up the surroundings of this old asylum. Open
meadows are remnants of the farm where residents raised all their own
food. The physical labor and park-like setting contributed to their
therapy.


Ray Minervini loves the surroundings… but he says the buildings
themselves added a healing dimension.


“If you stand on the front lawn of this building you don’t have to be a
student of architecture to appreciate that it’s a thing of beauty. I mean the
proportions of the building, the size of the windows, the pitch of the roof,
the height of the spires. It’s the way that we used to construct buildings. We
don’t do that anymore.”


The four story brick and stone structures soar above the trees. Developer
Ray Minervini says they were built to last 500 years or more.
He thinks they deserve to be preserved as much as the natural
environment does.


“The brick you’re looking at here were laid 121 years ago. The stone
foundations, you can see about 4 and a half feet of limestone, they
actually laid stone into the ground as opposed to concrete.
Those stone walls are 2 and a half feet thick.”


But across the country many of these large state mental hospitals have
fallen into ruin and are being demolished.


Kate Allen is graduate student in the architecture program at Columbia
University in New York City. She studies asylums designed according
to the plan of psychiatrist Thomas Kirkbride. He adapted principles of
care from the Quakers. They include plenty of light and fresh air in a
clean idyllic setting.


Allen has found records for 64 asylums built in the Kirkbride style.
Twenty of them have been torn down. Of those remaining she considers
a dozen under threat right now, and she thinks the Minervini Group in
Michigan offers the only existing model for renovating an entire site.


“Not only are they preserving the smaller structures and the Kirkbride
core, but through the historic easement, the landscape it can’t be
encroached on with development. It gives you that feeling that it was a
community once.”


But the Northern Michigan Asylum barely escaped destruction. After the
hospital closed it sat vacant for nearly a quarter century. Gaping holes in
the roof caused a lot of water damage. An outside developer wanted to
demolish and build new, but a hometown group stepped in and blocked
the wrecking ball. Then along came Ray Minervini with his vision for a
mix of new uses in the historic buildings.


Raymond Minervini is Ray’s son and business partner. He works on
marketing the project, and he says the people who believe in the vision
and are willing to invest in it are making it happen.


“And in a way they’re co-developers too because they’re stepping
forward with their capital to purchase space or lease space to establish a
business or create a home. That’s what makes the preservation possible.
Otherwise this is just a building waiting to fall down.”


The Minervini Group has been working on the redevelopment for nearly
six years. It’s a huge enterprise.


The core of the old state hospital and surrounding buildings represent a
million square feet for redevelopment, and Ray Minervini says that
translates into a 200 to 300 million dollar project… but it’s going
forward without a lot of fanfare.


“We’re doing it in phases, one section at a time, so it doesn’t appear so
big. We are under the radar screen, but collectively when you look at the
whole site and realize what that equates to it’s the largest rehab project
for sure in the Midwest.”


The Minervini Group has completed the first segment of what they call
The Village at Grand Traverse Commons. Already built and fully
occupied are business and condo spaces plus a restaurant and art gallery.
Ray Minervini says there’s still a long way to go, but with lights on and
people in the building there’s a growing sense the place is coming back
to life.


For the GLRC, I’m Bob Allen.

Related Links

More States Adopt Tougher Mercury Rules

More and more state governments are saying the federal government’s guidelines for reducing mercury emissions from power plants don’t go far enough fast enough. The GLRC’s Rebecca Williams reports:

Transcript

More and more state governments are saying the federal government’s
guidelines for reducing mercury emissions from power plants don’t go far
enough fast enough. The GLRC’s Rebecca Williams reports:


Mercury is a neurotoxin that can cause brain damage in fetuses and small
children. More than 20 states are planning to cut mercury emissions beyond the
federal guidelines.


Zoe Lipman is with the National Wildlife Federation. She says many
states are taking action because they feel the federal rule is not protecting
public health.


“Originally you saw movement in the eastern states and now you’re
seeing movement in many of the heavy coal burning states – PA, MI,
even Indiana is still considering stronger than federal rules, IL – we’re
really seeing change in the core fossil fuel burning part of the country.”


Lipman says mercury reduction technology for power plants has become
cheaper in recent years, but utility companies say they’re still concerned
about the expense and meeting the states’ shorter time frames.


For the GLRC, I’m Rebecca Williams.

Related Links

Supreme Court to Hear Landmark Wetlands Case

  • The U.S. Supreme Court is hearing a case that will determine how much power the federal government has over isolated wetlands - wetlands that aren't adjacent to lakes or streams. (Photo by Lester Graham)

On Tuesday, the U.S. Supreme Court will hear arguments that could decide which wetlands the federal government can regulate. The case before the court involves a couple of construction projects in the state of Michigan, but it’s being followed closely throughout the country. The Great Lakes Radio Consortium’s Michael Leland has more:

Transcript

On Tuesday, the U.S. Supreme Court will hear arguments that could
decide which wetlands the federal government can regulate. The case
before the court involves a couple of construction projects in the state of
Michigan, but it’s being followed closely throughout the country. The
Great Lakes Radio Consortium’s Michael Leland has more:


The federal Clean Water Act is supposed to stop people from polluting
streams, wetlands and other waterways that are connected to the
country’s major lakes, rivers and coastal areas, but what if the wetland in
question is located 20-miles from the nearest major waterway? Is it
covered by the Clean Water Act? That’s the question the court will
consider.


In the 1980’s John Rapanos started moving sand from one part of
property he owned in Michigan to another, to fill in some wetlands. He
wanted to sell the land to a shopping mall developer. Trouble is, he
didn’t get permits from the Army Corps of Engineers to fill in the
wetlands. The government says he should have.


“The property has a drainage ditch that runs through it…”


Robin Rivett is a lawyer for the Pacific Legal Foundation. It’s a
property-rights group that is representing Rapanos.


“And because of the movement of the sand on the property, which is
characterized as wetlands, the government came in and has prosecuted
him for actually discharging fill material into the navigable waters.”


Rapanos was charged with violating the Clean Water Act. Washington is
demanding 13-million dollars in fines and fees, and wants him to set
aside about 80-acres as wetlands.


In another case, that’s been combined with the Rapanos matter,
developers in Southeast Michigan were denied permits to fill in wetlands
so they could build a condominium complex. That site is about two
miles from Lake St. Clair, which lies between lakes Huron and Erie.


In both cases, the federal government says the sites fall under the Clean
Water Act because they’re located near navigable waters. Actually, that
term – navigable waters – has evolved over the years and come to mean
“interstate or intrastate waters,” along with their wetlands and tributaries.


The plaintiffs, their attorneys and supporters say the land should be
governed by state environmental regulations, rather than the federal
Clean Water Act, but on the side of the government in this case is 35
state governments, along with many environmental and conservation
groups.


Jim Murphy is a lawyer for the National Wildlife Federation. His group
has filed briefs on behalf of more than a dozen organizations that support
the federal position.


“What is at stake here is the ability of the act to protect the vast number
of tributaries that flow into navigable waters and the wetlands that
surround and feed into those tributaries. If those tributaries and wetlands
aren’t protected under the federal Clean Water Act, it becomes difficult if not
impossible under the Clean Water Act to achieve its goal to protect water
quality.”


Murphy says if the Supreme Court rules that Congress did not intend to
protect wetlands like the ones in this case, then about half the wetlands in
the country could lose their federal protection. Murphy and others on his
side worry that wetlands could begin disappearing more quickly than
they already do today.


Scott Yaich directs conservation programs for Ducks Unlimited – a
wetlands protection group.


“The landowners who have those wetlands would no longer be subject to
getting the Corps of Engineers to review, so essentially they could do
anything they wanted.”


The lawyers for the landowners don’t see it that way. The Pacific Legal
Foundation’s Robin Rivett says individual states would have something
to say.


“I believe there are 47 states that have their own clean water programs.
If it is clear that the federal government doesn’t have jurisdiction over
local waters, the states will step in to protect those waters.”


Maybe they will; maybe they won’t, say environmental groups. They
fear a patchwork of water protection laws. They say it could mean
polluted water from a state with weaker laws could flow into a state with
stronger water protection laws.


Jim Murphy of the National Wildlife Federation.


“The Clean Water Act provides a floor. It provides comprehensive
protection, a floor beyond which states must maintain that level of
protection.”


Those who support the property owners in this case say it’s about more
than clean water – it’s also about land use. They say if the court rules
that waterways and wetlands are interconnected and all deserving of
protection under the Clean Water Act, then what could be left out?


Duane Desiderio is with the National Association of Home Builders,
which has filed briefs supporting the property owners.


“All water flows somewhere. Every drop of water in the United States,
when it goes down the Continental Divide, is going to drain into the
Atlantic Ocean, the Pacific Ocean, or the Gulf of Mexico. Pretty much.”


Both sides are hoping the Supreme Court provides a clear definition of
which wetlands and tributaries Congress intended to protect when it
passed the Clean Water Act. A decision is expected this summer.


For the GLRC, I’m Michael Leland.

Related Links

Delisting the Bald Eagle

Federal wildlife officials have proposed removing the bald eagle from the endangered species list. In the lower 48 states, bald eagles have recovered from around 400 nesting pairs in the early 1960’s, to more than 7-thousand pairs today. The Great Lakes Radio Consortium’s Erin Toner reports:

Transcript

Federal wildlife officials have proposed removing the bald eagle from
the endangered species list. In the lower 48 states, bald eagles have
recovered from around 400 nesting pairs in the early 1960s, to more than
seven thousand pairs today. The Great Lakes Radio Consortium’s Erin
Toner reports:


Major environmental groups hailed the government’s proposal to remove
the bald eagle from the endangered species list.


Doug Inkley is senior science advisor for the National Wildlife
Federation, which helped lead the bald eagle recovery.


“The success of recovering our nation’s symbol…the bald eagle…
demonstrates that with the right resources and with cooperative action by
all of those involved, the Endangered Species Act does chart a successful
path to recovery.”


The U.S. Fish and Wildlife Service will take public comment until May
17th on the proposed de-listing of the bald eagle. It was added to the
endangered species list in 1967, after becoming nearly extinct because of
the use of the pesticide DDT.


Some biologists are calling the proposed de-listing premature, saying the
bird’s numbers haven’t rebounded everywhere, and that its habitat still
needs protection.


For the GLRC, I’m Erin Toner.

Related Links