Conservation Organizations to Sue Shipping Companies to Stop Invasive
Species
Precedent-Setting Litigation Against Ocean-Going Shipping Companies Aims to
Stop Illegal Ballast Water Discharges
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 lawsuit 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 are currently 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 Great Lakes, which is a party to the
litigation. “There is absolutely no reason why ships cannot treat ballast water.”
NWF has 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 enjoyed 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.
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
For Immediate Release:
June 21, 2007
Contact:
Jordan Lubetkin, National Wildlife Federation, (734) 769-3351 x 23, lubetkin@nwf.org
Gary Botzek, Minnesota Conservation Federation, (651) 293-9295,
gary@capitolconnections.com
Joel Brammeier, Alliance for the Great Lakes, (312) 939-0838 x 224,
jbrammeier@greatlakes.org
Glynnis Collins, Prairie Rivers Network, (217) 344-2371, gcollins@prairierivers.org
John Goss, Indiana Wildlife Federation, (317) 525-0198, gonefishing53@earthlink.net
George Meyer, Wisconsin Wildlife Federation, (608) 516-5545, georgemeyer@tds.net
Larry Mitchell, League of Ohio Sportsmen, (614) 274-8370,
president@leagueofohiosportsmen.org
Donna Stine, Michigan United Conservation Clubs, (517) 346-6487, dstine@mucc.org
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, 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
“We’re taking legal action because the shipping industry has run out of excuses,” said Donna
Stine, interim executive director for Michigan United Conservation Clubs. “It is breaking the
law, failing to clean up its act, and suing states such as Michigan from protecting its own citizens
from the damage invasive species inflict on our natural resources, wildlife, economy and way of
life. 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 tourism economy.”