Noontime dumping: why states have broad discretion to regulate onboard treatments of ballast water.

Michigan Law Review, October, 2007 by Landis-Marinello, Kyle H.

Ballast water discharges from shipping vessels are responsible for spreading numerous forms of aquatic invasive species, a form of biological pollution that leads to billions of dollars in annual costs. In the wake of inaction from the federal government and inaction from the shipping industry, several Great Lakes states are currently considering legislation to address the problem. Michigan has already passed a law to prevent ballast water introductions of invasive species. As states begin to regulate ballast water discharges from oceangoing vessels, such laws will likely face challenges based on the constitutional principles of the Dormant Commerce Clause and the federal preemption doctrine of the Supremacy Clause. This Note contends that state ballast water laws do...