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Report for Great Lakes Protection Fund: Potential Federal Preemption of Laws in the Great Lakes States


Introduced to the Senate on February 10, 2005, Senate Bill 363 (S. 363, the Ballast Water Management Act) proposes to amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to establish a national approach for managing invasive species in ballast water. The proposed legislation also includes a declaration that federal ballast water exchange and ballast water treatment standards, implemented by the U.S. Coast Guard, supersede state and local laws deemed inconsistent with federal provisions. Although the amendment allows states to create additional incentives to comply with federal programs, existing state laws that regulate ballast water may...


Author: Environmental Law Institute
Document Date: October 2006
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