Environmentalists sue as virus aims at Lake Superior's fish

For several years, an ebola-like virus that is deadly to fish has been spreading in the Great Lakes. With the virus perched on Lake Superior's door, environmental groups are taking aim at federal agencies that they claim have the power to stop it.

The groups have sued the Coast Guard and the Department of Agriculture's Animal and Plant Health Inspection Service, among others. At issue are the transportation of fish that could carry the virus or other diseases, and the water that ships discharge, such as ballast water. Commercial vessels often take on ballast water for stability, then dump it before loading cargo or fuel when they reach port.

Federal agencies already have regulations to prevent the uptake and discharge of ballast water from infected areas and prevent fish transportation from infected areas, according to the lawsuit. Filed by the Save Lake Superior Association, the Izaak Walton League of Duluth and Minnesota and Wisconsin chapters of Trout Unlimited, the suit seeks an injunction to make the agencies enforce those regulations.

"Going to court is not something that any of the groups involved here does lightly ... we have tried everything else," said the Izaak Walton League's Curt Leitz at a news conference Wednesday in St. Paul. "The epidemic has risen to the level of a federal emergency."

Federal agencies wouldn't comment on pending litigation. Coast Guard Environmental Protection Specialist Richard Everett pointed out that areas of concern need to be defined with boundaries before the Coast Guard can act.

"Who's going to declare these areas? What's the rationale that's going to be used?" Everett asked. "We're not a biological resources agency, so we don't have the expertise to go out and evaluate fishery diseases ... and make independent determinations," he said. The boundaries would have to change frequently because organisms move and circumstances change, he added.

A U.S. Department of Agriculture spokeswoman said the department is not responsible for ballast water regulations. However, it has instituted new orders about transporting certain fish from infected areas in Canada.

The suit, filed Tuesday in U.S. District Court in Minneapolis, follows a long list of actions that environmental groups and state governments have taken to prevent the spread of the fish virus and other invasive species.

The Ninth Circuit U.S. Court of Appeals is considering a district judge's ruling against the U.S. Environmental Protection Agency, which exempted ballast water from regulations.

The Minnesota Center for Environmental Advocacy sued the state Pollution Control Agency over a similar exemption and won in Ramsey County District Court.

Last week, the U.S. House of Representatives passed legislation for implementing ballast water treatment plans on oceangoing vessels.

While the groups filing suit say there are concerns about various invasive species, the suit focuses on viral hemorrhagic septicemia (VHS) because the threat is imminent.

The virus appeared in Lake St. Clair, which connects lakes Huron and Erie, in 2003. It is now in all Great Lakes except Superior. It causes infected fish to hemorrhage and die of organ failure. More than 5 billion gallons of water from other places was dumped into Duluth Superior Harbor in 2005.

Pam Louwagie • 612-673-7102