Today, Michigan Attorney General Dana Nessel led a coalition of attorneys general in filing an amicus brief with the U.S. Court of Appeals
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*FOR IMMEDIATE RELEASE:*
December 26, 2025
*Media Contact:*
Danny Wimmer <
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AG Nessel Leads Coalition Urging Federal Court to Maintain Invasive Species Protections for Great Lakes
*LANSING* – Today, Michigan Attorney General Dana Nessel led 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, including ships operating on the Great Lakes. 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.
“The harms caused by invasive species spread through ballast water are catastrophic, well documented, and felt by the people who live and work around the Great Lakes,” Nessel said. “Our communities have already paid the price for these species, and Congress acted to prevent even greater damage. The law is clear, and it is my hope that the Court acts now to maintain these protections before another invasive species causes irreversible damage to one of our most important natural resources.”
“The Great Lakes are part of who we are as Michiganders and protecting them is something we all share. Strong safeguards against invasive species are critical to keeping these waters clean and healthy for our communities. EGLE is committed to supporting efforts that uphold these protections,” said Michigan Department of Environment, Great Lakes, and Energy Director Phil Roos. “By keeping invasive species out, we’re helping ensure these waters remain a source of pride and opportunity for future generations.”
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 Nessel in filing this amicus brief are the attorneys general of Illinois and Vermont.
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