Attorney General Kwame Raoul has joined a coalition of state attorneys general in filing an amicus brief that challenges the U.S. Environmental Protection Agency’s (EPA) final standards on ballast water discharges from large vessels. The brief, also supported by Michigan Attorney General Dana Nessel and Vermont Attorney General Charity Clark, was filed with the U.S. Court of Appeals for the D.C. Circuit.
The coalition argues that the EPA’s new standards weaken protections against invasive species by eliminating requirements that prevented ships from taking up ballast water in areas where invasive organisms are present. These requirements were designed to stop harmful species from being transported between ports and into vulnerable ecosystems such as the Great Lakes.
“The Great Lakes are a critical resource to Illinois and surrounding states, which is why we need to defend the protections we have in place to avoid invasive species that create long-term environmental harm,” Raoul said. “I will continue to advocate for our waters and protect our communities from preventable damage.”
In 2018, Congress amended the Clean Water Act through the Vessel Incidental Discharge Act (VIDA), instructing the EPA to set ballast water discharge standards that would be at least as protective as existing permit requirements, except in limited circumstances. However, in 2024, the EPA removed restrictions on ballast water uptake, stating these rules had been unenforceable.
Raoul and his colleagues maintain that without effective safeguards, ships could introduce invasive species into new environments, causing significant ecological and economic impacts. For instance, zebra mussels have already led to infrastructure damage and ecosystem disruption in the Great Lakes region, resulting in estimated annual costs of $200 million. After changes made by the EPA, golden mussels—another invasive species with potential for similar damage—were detected at a California port and may reach the Great Lakes via contaminated ballast water.
In their court filing, Raoul and other attorneys general assert that the EPA did not follow VIDA’s clear mandate when establishing its new standards and disregarded state evidence showing successful enforcement of previous uptake requirements.
