# Conservation Groups Fight Back in Court to Uphold Law to Stop Invasive Species



## Hamilton Reef (Jan 20, 2000)

For Immediate Release:
April 9, 2007

Contact: 
Donna Stine, Michigan United Conservation Clubs, (517) 346-6487
Andy Buchsbaum, National Wildlife Federation, (734) 717-3665
Cameron Davis, Alliance for the Great Lakes, (312) 375-2004 (cell)

Conservation Groups Fight Back in Court to Uphold Law to Stop Invasive Species

DETROIT, Mich. (April 9)  As shipping interests seek to strike down the regions first law to protect boaters, anglers, swimmers and families from invasive species, three prominent conservation organizations today announced they were joining the court battle to slam the door on invasive species entering the Great Lakes.

The Michigan United Conservation Clubs, National Wildlife Federation, and Alliance for the Great Lakes (formerly the Lake Michigan Federation) today filed to intervene in Detroit federal district court to defend a Michigan law intended to protect the Great Lakes from discharges of invasive species by oceangoing ships.

Interests for the oceangoing ships sued the Michigan Department of Environmental Quality and Michigan Attorney General on March 15 to derail the law.

Were filing this motion to stand up for the millions of anglers, hunters, boaters, campers and families in Michigan and elsewhere who rely on the Great Lakes for their jobs, recreational opportunities, and quality of life, said Donna Stine, executive director of Michigan United Conservation Clubs. The shipping industrys lawsuit is an attack on the right of Michigans citizens to protect themselves from invasive species. That is unconscionable, and we wont stand for it.

The No. 1 pathway for non-native aquatic species to enter the Great Lakes is through ballast discharge from ocean-going vessels originating in foreign ports. Since the opening of the St. Lawrence Seaway in 1959, one new aquatic non-native species has been discovered in the Great Lakes every 28 weeks from all pathways. Since 1970, 77 percent of the invasions 36 of 47 are attributable to transoceanic shipping activities.

Whats wrong with this picture? asked Andy Buchsbaum, center director of the National Wildlife Federations Great Lakes office. The shipping industry brings zebra mussels and dozens of other harmful organisms into the Great Lakes and spreads a deadly fish virus through the lakes. Now its suing us  Michigan citizens  to stop us from defending our rivers and lakes and the Great Lakes themselves. Well, were fighting back, and thats why weve gone to court.

Invasive species such as the zebra mussel, discharged into the Great Lakes via oceangoing vessels, have caused enormous ecological and economic damage.

Invasive species outcompete native species such as lake perch, whitefish, and others for food and habitat and can also impact people in their daily lives. Recent federal research suspects a connection between zebra mussels and algae, which can have toxic effects on human health.

Invasive species also cost the Great Lakes region $5 billion annually in damage and control costs, according to the Great Lakes Regional Collaboration Strategy released in December 2005.

Citizens from around the region are paying billions of dollars annually, said Cameron Davis, president of the Alliance for the Great Lakes, which is being represented by Christopher Tracy of the law firm Howard & Howard in Kalamazoo, in the litigation. Its time for oceangoing ships to start paying for their own damage to the region. The average person shouldnt pay for the shippers failure to innovate to fix this problem that theyve known about for decades.

Comprehensive federal legislation to stop the introduction of invasive species has languished in the U.S. Congress, leading the state of Michigan to pass in 2005 a law requiring oceangoing vessels to obtain a permit to discharge ballast water.

The threat of invasive species will not go away on its own, said MUCCs Stine. Inaction will only exacerbate the problem of invasive species and cost citizens more money. The state of Michigan understands this and needs to be commended  not punished - for taking action.

# # # #

Formed in 1970, the Alliance for the Great Lakes (formerly the Lake Michigan Federation) is the oldest citizens' Great Lakes organization in North America. Its mission is to conserve and restore the world's largest freshwater resource using policy, education and local efforts, ensuring a healthy Great Lakes and clean water for generations of people and wildlife. More about the Alliance is online at www.greatlakes.org. 

Michigan United Conservation Clubs (MUCC), founded in 1937, is one of the largest non-profit statewide conservation organizations in the nation. MUCC has a long-standing history as an advocate for the scientific management of natural resources and the continuation of Michigans outdoor heritage. It is a coalition of approximately 50,000 individual members and 500 affiliated organizations representing every county in the state.

The National Wildlife Federation is America's conservation organization inspiring Americans to protect wildlife for our childrens future.

All three organizations are members of the Healing Our Waters®-Great Lakes Coalition of nearly 100 organizations dedicated to the restoration of the Great Lakes ecosystem.

Founded in Kalamazoo in 1869, Howard & Howard is a full-service law firm with a national and international practice counseling businesses, banks and public sector clients. The firm has offices in Michigan (Ann Arbor, Bloomfield Hills and Kalamazoo), Peoria, Illinois, Las Vegas, Nevada and Windsor, Ontario. Howard & Howards major practice areas include corporate advisory services, commercial litigation and intellectual property.

Jordan Lubetkin
Regional Communications Manager
National Wildlife Federation
Great Lakes Office
Online: nwf.org
Communications Director
Healing Our Waters-Great Lakes Coalition
Online: healthylakes.org

Phone: 734-769-3351 x 23
Cell: 734-904-1589
Fax: 734-769-1449


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## Hamilton Reef (Jan 20, 2000)

Environmental leaders defend state ballast law

http://www.mlive.com/news/grpress/index.ssf?/base/news-36/1178021103262090.xml&coll=6

05/01/07 By Ken Kolker The Grand Rapids Press [email protected]

GRAND RAPIDS -- State environmental leaders say they cannot fathom why the shipping industry is fighting a new state law meant to protect the Great Lakes from invasive species carried by ocean-going vessels. 

The law regulates the release of ballast water into the big lakes by ocean-going ships, which can bring in species that wipe out native wildlife. 

But shipping industry leaders have told state officials that only four cargo ships are known to empty their ballast in Michigan waters.

"It puzzles us. Why are they opposed if it's only four ships?" state Department of Environmental Quality spokesman Robert McCann said after a press conference Monday at Grand Valley State University. 

State senators, led by Sen. Patricia Birkholz, R-Saugatuck Township, held a press conference with DEQ officials and environmental groups to defend the ballast law. They vowed to fight a federal suit filed by the shipping industry to overturn the law. 

"They're suing us?" said Birkholz, who sponsored the law. "We should be suing them." 

Shipping industry officials say the state law is premature and could lead to a patchwork of statutes from state to state. Other states are working on similar laws. 

"We know there's a problem," said Paul Pathy, executive vice president of Fednav Limited, a Montreal-based shipping company that is part of the lawsuit. 

"We're spending millions trying to fix it. But we can't have every state making up their own laws and their own standards as they go along. 

"If Michigan puts in onerous requirements, then some ships might choose to go elsewhere."

Michigan became the first Great Lakes state to pass a ballast law three years ago, after complaints the federal government was too slow to respond. The law took effect Jan. 1. 

The law requires ocean-going ships to buy a permit to enter Michigan water and notify the state if they plan to discharge ballast water. Ships must sterilize ballast before discharging it. 

Industry officials, however, say they have not developed a safe way to treat ballast water.

"How do you kill what's in the water without damaging the water?" Pathy said. "The state has put the law ahead of the technology. We need the federal government to say, 'Here's the law, here's the standard.'" 

As many as 90 ocean-going vessels ply Michigan's Great Lakes water through ports in Detroit and Menominee, said Ken DeBeaussaert, director of the DEQ's Office of the Great Lakes. 

So far, 37 ships, including 10 from a Bulgarian company, have obtained permits. None of those ships discharges ballast water in the Great Lakes, state officials said. 

The state has not identified the four ships that industry officials say are the only ones that dump ballast water while in Michigan. 

Ships carry ballast water for balance, then empty it before taking on cargo. State officials say ballast is the main reason 183 alien species, including zebra mussels, have invaded the Great Lakes. 

It is likely zebra and quagga mussels wiped out much of the native freshwater shrimp known as Diporeia, a main course for fish feeding at the bottom of the lakes, National Wildlife Federation Director Andy Buchsbaum said at the press conference. The federation is among the environmental groups siding with Michigan in the lawsuit. 

The latest invader is the bloody-red shrimp, aka Hemimysis anomala, a native of the Black Sea, Azov Sea and the eastern Caspian See, which was first reported in Muskegon in November 2006. State officials say its impact on the Great Lakes is unknown. 

Michigan officials said they believe many of the invaders enter the lakes through ballast discharged at larger ports in Duluth, Minn., and in other Great Lakes states. 

State officials acknowledged it will be difficult to enforce its ballast law, though they say they could conduct spot inspections. 

"This is all new to us," the DEQ's McCann said. "There's no way we can have people there whenever a ship's in port." 

Pathy, of Fednav, said most ships entering Michigan water aren't carrying ballast because they are loaded with steel from Europe for the automobile industry. 

Only a few ships are picking up goods in Michigan for export, he said.


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## Hamilton Reef (Jan 20, 2000)

FOR IMMEDIATE RELEASE

Groups to Sue Shipping Companies To Stop Invasive Species

*The threat is urgent, the solution is clear, and the law is
straight-forward.*

Ann Arbor, MI (June 21)-Conservation groups led by the National
Wildlife Federation today announced their intent to file a citizen suit
against several shipping companies that operate in the Great Lakes,
demanding compliance with the Clean Water Act. The lawsuit aims to shut
the door on aquatic invasive species.

*We*re initiating legal action today because invasive species are
killing the Great Lakes,* said Andy Buchsbaum, center director for
NWF*s Great Lakes office. *The threat is urgent, the solution is
clear, and the law is straight-forward. We*re heading to court to
force ocean-going ships to comply with U.S. law to stop invasive species
introductions, because every day we wait the problem gets worse and the
solutions more costly. Enough is enough.*

The Clean Water Act prohibits vessels from discharging pollutants,
including biological materials, into U.S. waters without a permit. The
legal action charges that the shipping companies named have discharged
ballast water containing non-native species into the Great Lakes, which
threatens those waters since such species have the potential to spread
rapidly to other areas and increase vastly in number.

*These ships are discharging untreated ballast water into the Great
Lakes in violation of the Clean Water Act,* said Buchsbaum. *The law
is straightforward: discharges are prohibited unless you have a permit.
To come into compliance, these ships either need to stop discharging
ballast water or install treatment and obtain a discharge permit from
the EPA or the state in which the discharges occur.*

There currently are at least four effective, commercially-available
treatments available for ballast water, as identified by the state of
Michigan. One of the chlorine-based treatments is similar to how
municipal water supply facilities sterilize drinking water.

*We have well-known solutions to fight invasive species, protect our
fish and wildlife, and ensure that people have abundant fishing
opportunities now and for generations to come,* said Joel Brammeier,
associate director for policy for the Alliance for the Great Lakes,
which is a party to the litigation. *There is absolutely no reason why
ships cannot treat ballast water.*

NWF and its conservation partners have long advocated for comprehensive
federal legislation to stop the introduction of invasive species.
However, legislation sits dormant in Congress and has failed to pass for
four years.

*We have our champions in Congress, but the opposition has stopped
protective laws from being passed. Waiting even six months will allow
more aquatic invaders to enter our waters, so we are pursuing every
measure possible,* Buchsbaum said. *After the 60 day waiting period
expires, we expect to file complaints in federal court against the most
egregious of these illegal dischargers.*

Although the Clean Water Act itself prohibits ballast water discharges
without a permit, for years the shipping industry took advantage of an
EPA exemption to the law. But in 1999, conservation groups petitioned
the EPA to withdraw the exemption because it violated the Clean Water
Act, and in 2005 a federal court agreed.

*The shipping industry has been on notice since 1999 that it would
need Clean Water Act discharge permits, but instead of obtaining those
it fought to retain its illegal loophole,* Buchsbaum said. *The
shippers* free pass has cost the nation billions. We can*t afford to
wait any longer for this industry to clean up its act. It*s time for
these ships to comply with the law.*

Aquatic and terrestrial invasive species cost the nation more than $120
billion annually in damage and control costs. These costs are likely to
rise. Scientists believe that the Great Lakes and other freshwater
systems are increasingly vulnerable to invasive species because of
global warming.

The lawsuit names Fednav Limited, Lake Superior Inc., Lake Huron Inc.,
Anglo-Eastern Ship Management Ltd., Isadora Shipping Ltd., Isolda
Shipping Ltd., Ziemia Two Ltd., Ziemia Three Ltd., Polsteam, Pot
Scheepvaart B.V., Victoriaborg B.V., C.V. Scheepvaatondernerning
Virginiaborg, and Wagenborg Shipping B.V.

Partners with the National Wildlife Federation and Alliance for the
Great Lakes include: Indiana Wildlife Federation, League of Ohio
Sportsmen, Michigan United Conservation Clubs, Minnesota Conservation
Federation, Prairie Rivers Network and Wisconsin Wildlife Federation.

For more information: 
http://www.nwf.org/greatlakes 
http://www.nwf.org/news 

For Immediate Release: 
June 21, 2007

Contact: 
Jordan Lubetkin, National Wildlife Federation, (734) 769-3351 x 23,
[email protected] 
Gary Botzek, Minnesota Conservation Federation, (651) 293-9295,
[email protected] 
Joel Brammeier, Alliance for the Great Lakes, (312) 939-0838 x 224,
[email protected] 
Glynnis Collins, Prairie Rivers Network, (217) 344-2371,
[email protected] 
John Goss, Indiana Wildlife Federation, (317) 525-0198,
[email protected] 
George Meyer, Wisconsin Wildlife Federation, (608) 516-5545,
[email protected] 
Larry Mitchell, League of Ohio Sportsmen, (614) 274-8370,
[email protected] 
Donna Stine, Michigan United Conservation Clubs, (517) 346-6487,
[email protected] 

Quotes from Our State Partners:

Illinois 
*We*re taking legal action now to protect the Great Lakes, our
economy and quality of life, because all other options have been
exhausted,* said Glynnis Collins, interim executive director of
Prairie Rivers Network. *It*s time to take a stand now because the
longer we wait the problem gets worse and more costly.*

Indiana
*Legal action is required now to slow the onslaught of invasive
species and stand up for the millions of people who depend on the Great
Lakes for their drinking water, jobs, and way of life,* said John
Goss, executive director of the Indiana Wildlife Federation. *Delay
will only make matters worse. It*s time the industry responsible for
the majority of invasive species introductions obey the law and become
part of the solution instead of the problem.*

Michigan 
*The shipping industry has run out of time and excuses,* said Donna
Stine, interim executive director for Michigan United Conservation
Clubs. *Michigan citizens are fed up! Our sportsmen are watching the
demise of our Great Lakes fishery, and now all of our inland lakes*
fisheries are at risk. In Michigan, our bait dealers are now under more
regulation than the shippers. How absurd is that? It*s time to stand
up and say, *enough.**

Minnesota
*We*re taking legal action today because the damage from non-native
species continues to mount and the shipping industry has failed to clean
up its act,* said Gary Botzek, executive director of the Minnesota
Conservation Federation. *For the millions of people who have seen
their beaches fouled, fish killed, and utility bills increase due to
invasive species, legal action cannot come soon enough.*

Ohio
*We*re taking legal action now, because we*re losing the battle
against invasive species and it*s time to fight back,* said Larry
Mitchell, president of the League of Ohio Sportsmen and Ohio Wildlife
Federation. *We have solutions to stop invasive species from entering
our Great Lakes. It is now time to use them.*

Wisconsin 
"We're taking legal action now, because invasive species are a major
threat to Wisconsin's highly important fishery resources, both in the
Great Lakes and our thousands of inland lakes," said George Meyer,
executive director of the Wisconsin Wildlife Federation. "Ending
untreated ballast water discharges is critical to preserving fishing
opportunities for generations to come and to protect Wisconsin's
important tourist economy."


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## Hamilton Reef (Jan 20, 2000)

Ballast water bill pushing through House of Representatives

Major improvements needed to protect the Great Lakes

Contact: Donna Stine, Interim Executive Director, Michigan United Conservation Clubs 517-346-6487

Tony Hansen, Public Relations Manager, Michigan United Conservation Clubs, 517-346-6483

June 29, 2007. Michigan United Conservation Clubs (MUCC) applauds Congress as it takes the first step in passage of legislation to halt the introduction of new invasive species into the Great Lakes, but stresses that the current version of legislation contains fatal flaws that must be addressed before passage.

Yesterday the House Transportation and Infrastructure Committee, under the leadership of Congressman Oberstar (D, Minnesota), passed out H.R. 2830, the Coast Guard Authorization Act of 2007. This Act contains provisions to address treatment of ballast water from ocean-going ships. Michigan's Congressman Ehlers and Congresswoman Miller are also members of this committee and are strong supporters of preventing the introduction of invasive species into the Great Lakes. 

Michigan hunters and anglers consider invasive species prevention and control to be one of the critical issues facing Michigan and the Great Lakes region. These aquatic invaders have wreaked havoc on our native fish populations, clogged our waterways and cost millions in taxpayer dollars. Currently the invasive disease, Viral Hemorrhagic Septicemia, has forced the Michigan Department of Natural Resources to issue a fish disease control order requiring mom and pop bait shops and all fishermen to implement control measures to keep this disease from spreading into inland waterways. 

"How can we expect the Michigan's citizens to take action to stop the spread of invasives when the shipping industry, the number one perpetrator of invasive species introduction, isn't?" said Donna Stine, Interim Executive Director of MUCC. "We need strong legislation now that will protect the region and its residents from the devastating effects of aquatic invasive species. We waited long enough; the time to act is now."

"We appreciate Congresspersons Oberstar, Ehlers and Miller's dedication to this critical issue," continued Stine. "However, on behalf of Michigan's sporting community, which contributes $2 billion to Michigan's economy annually, we stress that significant changes are necessary to fully achieve appropriate invasive species controls."

MUCC is especially concerned about the delay in implementing control. Viable treatment methods have already been installed on at least one ship operating in the Great Lakes. Why do we have to wait eight more years for the rest to catch up? The current bill would give the Secretary of Transportation until 2015 to require the installation of ballast water treatment technologies. More invaders are entering our Great Lakes at the rate of one every four months. In eight years there will be no sports fishery to worry about.

The bill does not require ships classified as having "no ballast on board" (NOBOB's) to immediately flush their tanks in the open ocean, reducing the likelihood that invasive species reside in the tanks. Instead, the bill lets the Coast Guard take time to develop rules applying to NOBOBs. We know NOBOB flushing will reduce the number of species in tanks, and this exemption cannot stand. NOBOB's still have water in their holds that can contain invasive species. NOBOB's must be required flush out their ballast water just like vessels classified as having ballast on board.

Currently, the legislation contains a clause that would preempt all state laws that regulate ballast water. The state of Michigan has laws in place that require ocean-going vessels entering Michigan ports to treat their ballast water in an effort to stop the influx and spread of invasive species. Until the federal government puts a strong federal program in place, states should not be preempted!

"MUCC pressured the state to take action when the federal government wouldn't. The shipping industry sued the state for implementing our own ballast water control laws and we stand firm behind our government," said Stine. "We've recently sued the shipping industry for violating the Clean Water Act because they discharge pollutants in the form of invasive species. We are pushing for strong federal legislation to prevent new invasive species. MUCC will not back down until Congress understands how important this issue is to Michigan's hunters and anglers. Michigan is doing all it can to stop invasive species, we will hold our federal politicians responsible to do the same."

###

April Bennett
Resource Policy Assistant
Michigan United Conservation Clubs

[email protected]
517/ 346-6472 (phone)
517/371-1505 (fax)
http://www.mucc.org


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