Michigan Court Win Protects Great Lakes

August 16, 2007 -- LANSING - Michigan Attorney General Mike Cox announced that his office successfully defended a Michigan law protecting the Great Lakes from further invasion by aquatic nuisance species. The lawsuit, filed in federal court in Detroit by a group of shipping interests, sought to nullify a state law passed in 2005 requiring oceangoing ships to ensure that invasive fish and other aquatic organisms are not released from their ballast tanks. On August 15, the Court granted Cox's request to dismiss the lawsuit.

"The Great Lakes are Michigan's greatest natural resource. Aquatic nuisance species cause significant harm to this delicate ecosystem, and each year cost tens of millions of dollars to control. Michigan needed to act to prevent further invasive species from being introduced into the Great Lakes. I supported this legislation and was committed to vigorously defending it against this challenge," Cox said.

Ballast water from oceangoing vessels is the likely source of numerous invasive species in the Great Lakes. When oceangoing vessels enter the Great Lakes and load their cargo, they discharge ballast water carried from other parts of the world. This water may contain non-native animals and plants which can wreak havoc on the Great Lakes ecosystem and reproduce rapidly in the absence of natural predators and diseases in their new environment.

The statute at issue, Public Act 33 of 2005, was unanimously passed by the House and Senate. It mandates that all oceangoing ships conducting port operations in Michigan demonstrate that they do not discharge ballast water or install treatment systems to kill the unwanted invasive organisms in their ballast water.

The lawsuit claimed, among other things, that Michigan's ballast water discharge law was preempted by federal law and interfered with federal authority over interstate commerce. The District Court, in an opinion written by the Honorable John Feikens, disagreed.

"It was clearly rational for Michigan to enact this statute. The state is facing a serious threat to its environment caused by Aquatic Nuisance Species, has determined the likely avenues by which those species are being introduced, and has taken measures to stop this introduction," said Feikens.

Attorney General Cox has made aquatic invasive species one of his top priorities. Cox and other Great Lakes States Attorneys General successfully sued the Environmental Protection Agency to require the federal government to regulate ballast water discharges under the federal Clean Water Act. He has also actively supported legislation to control invasive species and has opposed recent proposals in Congress to prevent states, like Michigan, from addressing the problem.

"I am pleased the Court recognized that Michigan could not stand idly by while the federal government failed to effectively address this problem. This law is a valid exercise of the state's authority to protect its citizens and natural resources and imposes minimal burdens on the shipping industry in order to protect a priceless resource," Cox concluded.

Source: Michigan Attorney General

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