Attorney General Clark Joins Coalition Urging Federal Court to Maintain Invasive Species Protections

Attorney General Charity Clark today joined a coalition of attorneys general in filing an amicus brief with the U.S. Court of Appeals for the D.C. Circuit challenging the U.S. Environmental Protection Agency's (EPA) Final Standards on ballast water discharges from large vessels. The coalition argues that the standards unlawfully weaken long-standing protections by eliminating ballast water uptake requirements, which prevented vessels from taking up water in areas with invasive species.

Ballast water can carry harmful organisms from one port to another. Without adequate safeguards, vessels can transport invasive species into new waters, where they can establish and cause lasting environmental and economic harm. Invasive species, such as zebra mussels have already damaged infrastructure, threatened native ecosystems, and cost the Great Lakes region an estimated $200 million a year.

In 2018, Congress amended the Clean Water Act by adding the Vessel Incidental Discharge Act (VIDA), directing the EPA to issue ballast water discharge standards that are as protective as the existing permit, unless new information - unavailable at the time of the permit - demonstrated that a requirement was unnecessary. The coalition argues the EPA ignored this clear direction and relied on justification not permitted under VIDA, despite evidence from states showing the uptake requirement had been successfully enforced. Following the EPA changes, golden mussels, an invasive species that could cause damage on the same scale as zebra mussels, were discovered at a California port and could reach the Great Lakes through contaminated ballast water.

The coalition urges the court to reject the EPA's unlawful weakening of protections and require standards that fully safeguard the Great Lakes from invasive species.

Joining Attorney General Clarkin filing this amicus brief are the attorney generals of Illinois and Michigan .

A copy of the brief is available on our website.

CONTACT: Amelia Vath, Senior Advisor to the Attorney General, 802-828-3171