State Law For Ship Discharges Trumps Fed: 6th Circ.

Law360, New York (November 24, 2008, 12:00 AM EST) -- The Michigan law regulating ship discharges that could potentially introduce non-native species into the Great Lakes isn't preempted by federal law, the U.S. Court of Appeals for the Sixth Circuit has affirmed.

A slew of shipping companies had challenged the constitutionality of the Michigan Ballast Water Statute in the U.S. District Court for the Eastern District of Michigan. But a federal judge dismissed the case, finding the companies had failed to state a claim, and the Sixth Circuit concurred on Friday.

The case relates to Michigan's...
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