Attorney General Charity Clark has joined attorneys general from Illinois and Michigan in submitting an amicus brief to the U.S. Court of Appeals for the D.C. Circuit. The brief challenges the U.S. Environmental Protection Agency’s (EPA) recent standards on ballast water discharges from large vessels, arguing that these changes weaken protections against invasive species.
The coalition contends that by removing requirements for ballast water uptake, the EPA has eliminated a key measure that previously helped prevent ships from taking in water from areas infested with invasive species. Ballast water is known to carry organisms between ports, which can introduce non-native species into new environments and result in significant environmental and economic damage.
“Invasive species, such as zebra mussels have already damaged infrastructure, threatened native ecosystems, and cost the Great Lakes region an estimated $200 million a year,” according to the statement.
Congress addressed this issue in 2018 by amending the Clean Water Act with the Vessel Incidental Discharge Act (VIDA). This amendment required the EPA to maintain ballast water discharge standards at least as protective as those under existing permits unless new evidence showed otherwise. The coalition argues that the EPA did not follow this directive and instead relied on reasoning not allowed under VIDA, even though states had shown success in enforcing previous requirements.
Following changes made by the EPA, golden mussels—another invasive species—were discovered at a California port. Experts warn that these mussels could cause similar harm as zebra mussels if they reach regions like the Great Lakes via contaminated ballast water.
The attorneys general are asking the court to overturn what they describe as an unlawful reduction of protections and require standards that better protect waterways such as the Great Lakes from invasive species.
“Joining Attorney General Clark in filing this amicus brief are the attorney generals of Illinois and Michigan.”
A copy of the brief is available on their website.
