FEDNAV, LTD. v. CHESTER

No. 07-2083.

547 F.3d 607 (2008)

FEDNAV, LIMITED; Canadian Forest Navigation Company, Limited; Nicholson Terminal and Dock Company; Shipping Federation of Canada; American Great Lakes Ports Association; Seaway Great Lakes Trade Association; United States Great Lakes Shipping Association; Baffin Investments, Limited; Canfornav, Incorporated, Plaintiffs-Appellants, v. Steven E. CHESTER, Director of the Michigan Department of Environmental Quality; Michael Cox, Attorney General for the State of Michigan, Defendants-Appellees, Michigan United Conservation Clubs; National Wildlife Federation; Natural Resources Defense Counsel, Incorporated; Alliance for the Great Lakes, Intervenors-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 21, 2008.


Attorney(s) appearing for the Case

ARGUED: Norman Chester Ankers, Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, for Appellants. Shannon W. Fisk, Natural Resources Defense Council, Chicago, Illinois, Robert P. Reichel, Office of the Michigan Attorney General, Lansing, Michigan, for Appellees. ON BRIEF: Norman Chester Ankers, Honigman, Miller, Schwartz & Cohn, Detroit, Michigan, for Appellants. Shannon W. Fisk, Natural Resources Defense Council, Chicago, Illinois, Robert P. Reichel, Office of the Michigan Attorney General, Lansing, Michigan, Neil S. Kagan, National Wildlife Federation, Ann Arbor, Michigan, Christopher E. Tracy, Howard & Howard, Kalamazoo, Michigan, for Appellees. Noah D. Hall, Law Office, Ann Arbor, Michigan, Amy L. Kullenberg, Mashantucket, Connecticut, Robert B. Roche, Office of the Minnesota Attorney General, St. Paul, Minnesota, for Amici Curiae.

Before: GILMAN, KETHLEDGE, and ALARCÓN, Circuit Judges.


OPINION

KETHLEDGE, Circuit Judge.

Plaintiffs—a coalition of shipping companies, non-profit shipping associations, a port terminal and dock operator, and a port association—appeal the district court's dismissal of their constitutional challenges to the so-called Michigan Ballast Water Statute, Mich. Comp. Laws § 324.3112(6), and the regulations promulgated pursuant thereto. We hold that Plaintiffs lack standing to challenge one portion...

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