Lake Carriers' Ass'n v. MacMullan
Citation: 2 ELR 20283
No. No. 71-422, 406 U.S. 498/4 ERC 1129/(U.S., 05/30/1972) Aff'd
The District Court's determination, 336 F. Supp. 248 (1971), to abstain from decision pending state court resolution of an alleged conflict between Michigan's Watercraft Pollution Control Act of 1970 and the federal Water Quality Improvement Act of 1970 is affirmed. The Michigan statute allegedly prohibits the dumping of all sewage from marine craft and so compels the installation of expensive sewage devices that may become unnecessary if federal standards allowing the dumping of treated wastes become applicable. The Court finds the likelihood that Michigan's pollution control requirement will be sufficiently flexible to accord with federal law substantial enough to warrant abstention. No view on the merits of appellants' claims is intimated.
Counsel for Appellants:
Scott H. Elder
2700 Terminal Tower
Cleveland, Ohio 44113
Counsel for Appellees:
Frank Kelley Attorney General of Michigan
525 West Ottawa St.
Lansing, Mich. 48913