Great Lakes Attorneys General Support State Ballast Regulations

Mar 20: Six Great Lakes state attorneys general have filed an amicus brief defending the right of states to protect their natural resources from aquatic invasive species. The brief specifically voices support of the Michigan regulations for ocean-going ships. The rules, based on a 2005 law, are the focus of a federal lawsuit now being heard by the U.S. Court of Appeals for the Sixth Circuit. A U.S. district court judge ruled in favor of the Michigan law last year. Legislation has been introduced in several Great Lakes states to follow Michigan's lead on ballast water regulations. In addition, state regulators in Minnesota and Wisconsin are considering the adoption of statewide ballast water rules. Minnesota Attorney General Lori Swanson, on February 26, 2008, led the coalition of six Great Lakes attorneys general in filing the brief.

Michigan issued its first 10 Ballast Water Control General Permits in February 2007, under its law that went into effect January 1, 2007, and is designed to prevent the introduction of invasive species into the Great Lakes. Under the controversial new law, oceangoing ships must obtain a permit from MDEQ in order to use Michigan ports. Permits are issued only if the applicant demonstrates that they will either not discharge ballast water or will use one of four approved environmentally sound technologies and methods to prevent the discharge of aquatic invasive species.

On August 15, 2007, in the case of Fednav et al., v. Steven E. Chester, et al (U.S. District Court, Eastern District, Southern Division, Case No. 07-cv-11116), U.S. District Judge John Feikens ruled that Michigan's Ballast Water Statute, (Mich. Comp. Laws § 324.3112(6)), is constitutional and dismissed a lawsuit by nine shipping companies and associations that had challenged the new State law [See WIMS 8/16/07].

Access an release from the Great Lakes Legislative Caucus with links to Minnesota Attorney General announcement (click here). Access the complete 32-page opinion from Judge Feikens (click here). Access legislative details for PA 33 of 2005 (click here). Access the Michigan Ballast Water Reporting website for extensive background information (click here). Access a Sea Grant Law Center legal review white paper (click here).