Why Three State AGs Sued the EPA
Even before Donald Trump took office for a second term, the U.S. Environmental Protection Agency (EPA) finalized a rule that weakened ballast water discharge requirements for large vessels on the Great Lakes. Michigan Attorney General Dana Nessel, with the attorneys general of Illinois and Vermont, filed a lawsuit challenging the EPA Final Standards on ballast water discharges from large vessels on the Great Lakes.
Ballast water is fresh or salt water held in a cargo ship’s ballast tank. Ballast water can carry invasive species and unknowingly dump them into the Great Lakes.
The lawsuit, filed with the U.S. Court of Appeals for the D.C. Circuit, seeks to reverse the EPA’s 2024 Vessel Incidental National Standards of Performance (VINSP Final Rule). The three attorneys general want the standards vacated.
The Vessel Incidental Discharges Act, added to the Clean Water Act in 2018 by Congress, gives the EPA “clear direction to issue standards…unless it had new information justifying weaker standards.” The lawsuit alleges that the EPA ignored VIDA by not adding a requirement on uptake limitations. In 2024, the EPA claimed the requirement was unenforceable. According to the lawsuit, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) gave the federal agency evidence that it had determined uptake compliance for almost 20 years.
“This Court should make short shrift of EPA’s unlawful attempt to weaken standards for incidental discharges from vessels in defiance of Congress’s clear direction…The harms caused by invasive species spread through ballast water are catastrophic, well-documented, and felt by the people who live and work around the Great Lakes,” said Michigan Attorney General Dana Nessel
The Importance of the Great Lakes
The Great Lakes contain 20 percent and 84 percent of the country’s and world’s surface fresh water, respectively. They also provide drinking water to 35 million people, or 10 percent of Americans. Described by some as national treasures, the Great Lakes are the world’s largest freshwater lakes, home to 3,500 native plant and animal species.
Around 100 fish, plants, and other non-native species are in the Great Lakes basin. Most of them live next to native species without causing problems. However, 34 percent are considered invasive because they cause harm to native plants, wildlife, and fish. As a result, they threaten the Great Lakes economy by harming fisheries, agriculture, tourism, and water infrastructure.
Asian carp is among the most significant threats from invasive species in the Great Lakes. They were introduced to the U.S. in the South from Southeast Asia to help keep wastewater treatment facilities and aquaculture retention ponds clean. Flooding led to accidental releases of the carp, allowing them to go into the Mississippi River and migrate into the Missouri and Illinois rivers. Carp entered Lake Michigan because the Illinois River is connected to it. Carp out-compete other fish for habitat and food. They also stir up any pollution at the bottom of lakes and rivers they enter.
“Strong safeguards against invasive species are critical to keeping these waters clean and healthy for our communities. EGLE is committed to supporting efforts that uphold these protections.” Michigan Department of Environment, Great Lakes, and Energy Director Phil Roos.
Photo by Chris Hearn on Unsplash
