LAWSUITS FILED OR PENDING

June 2007

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Important Commerce Clause and State Jurisdictional Issues Raised in Suit Challenging Michigan Ballast Law
FedNav Limited, et al. v. Chester

A coalition of shipping companies and shipping trade groups from the U.S., Canada and Barbados representing ocean going ships transporting cargo on the Great Lakes sued the State of Michigan in March 2007, claiming the new state ballast-water law is unconstitutional. The case, FedNav Limited, et al. v. Chester, raises serious constitutional and water rights issues. The state law is aimed at stopping the further introduction of invasive species into the lakes through the discharge of ocean water used as ballast. The plaintiffs have filed a motion for summary judgment, and the state defendants have moved to dismiss. Several environmental action groups have moved to intervene on the side of the state.