Illinois Attorney General Kwame Raoul has joined a multistate coalition urging a federal appeals court to block recent Environmental Protection Agency standards that critics say weaken protections against invasive species in the Great Lakes.
Raoul joined Michigan Attorney General Dana Nessel and Vermont Attorney General Charity Clark in filing an amicus brief with the U.S. Court of Appeals for the D.C. Circuit challenging the EPA’s final rules governing ballast water discharges from large vessels. Ballast water, taken on and released by ships for stability, can transport harmful organisms from one port to another.
In the filing, the attorneys general argue that the EPA unlawfully rolled back long-standing safeguards by eliminating requirements that restricted vessels from taking on ballast water in areas known to contain invasive species. The coalition is asking the court to reject the standards and require more protective measures to prevent the spread of invasive species into 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 in a statement.
“It should not be too much to ask that the Environmental Protection Agency fulfill the mission in its name by protecting our waters,” said California Attorney General Rob Bonta. “Now more than ever, we need to ensure robust safeguards for all our waterways, and the people and ecosystems that rely on them. I urge this Administration to course-correct and abandon this unlawful rulemaking.”
Congress amended the Clean Water Act in 2018 through the Vessel Incidental Discharge Act, directing the EPA to adopt ballast water standards that are at least as protective as existing permit requirements, with limited exceptions. However, in 2024, the EPA issued new standards that removed restrictions on ballast water uptake, arguing the requirement had been difficult to enforce.
Raoul and the other attorneys general contend that without strict safeguards, vessels can introduce invasive species that cause long-term environmental and economic damage. Zebra mussels, for example, have harmed infrastructure and ecosystems and are estimated to cost the Great Lakes region about $200 million annually. The coalition also pointed to the recent discovery of golden mussels at a California port, warning the species could spread to the Great Lakes through contaminated ballast water.
In their brief, the attorneys general argue that the EPA ignored clear congressional direction under the Vessel Incidental Discharge Act and relied on an improper justification, despite evidence from states that ballast water uptake requirements had been successfully enforced.
