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Lake Carriers' Ass'n v. MacMullan

Citation: 1 ELR 20415
No. No. Civ. 36194, 336 F. Supp. 248/2 ERC 1837/(E.D. Mich., 07/12/1971)

Plaintiffs' request for declaratory judgment holding Michigan Water Pollution Control Act of 1970 unconstitutional on grounds of federal pre-emption, undue burden on interstate commerce, interference with uniform maritime law, violation of the due process and equal protection, and vagueness, denied and case dismissed. Three-judge court has no jurisdiction to determine pre-emption question. With respect to other matters, the controversy is not justiciable at this time because no prosecutions have arisen under statute. Plaintiffs in effect seek advisory opinion which court will not give where prospective cause of action by state is not based upon a claimed federal right. Provisions in Michigan act requiring disposal of sewage through holding tank or reduction to ash methods concededly conflict with standards recently adopted by federal Environmental Protection Agency, but there is no reason to believe plaintiffs will be unable to seek appropriate redress in state courts should occasion arise.

Counsel for Plaintiffs:
Johnson, Branand & Jaeger
Terminal Towers
Cleveland, Ohio
(216) 781-3030

John Arthur Hamilton
3266 Penobscot Building
Detroit, Michigan
(313) 961-3234

Counsel for Defendants:
Frank J. Kelley Attorney General
567 Holister Building
Lansing, Michigan
(517) 373-1110

Before Edwards, Circuit Judge, and Keith and Pratt, District Judges.