Journal Times
68°F
Racine Weather Cam

Search Archives
  Sell It Wisconsin
printable version | e-mail this story | () Comments | Text Size

Judge upholds law on invasive species in ships

By Journal Times staff
Friday, August 17, 2007 11:37 AM CDT


A federal judge in Detroit on Thursday dismissed a lawsuit by shipping companies who sought to overturn a Michigan law requiring them to clean ballast water. That water is the source of many invasive species which have entered the Great Lakes, notably the zebra mussel.

Although the U.S. Coast Guard requires oceangoing ships to change ballast water while still at sea and bound for U.S. ports, ships declaring they are carrying no ballast water must perform only recommended best practices to rid their ballast tanks of residual water and organisms. Starting in January, the state of Michigan required shippers to obtain permits before entering state ports. The permits verified that ships either wouldn’t discharge ballast water or that crews would use only state-approved, environmentally sound techniques to cleanse ballast water.

Shipping interests challenged the law, saying it violated other Michigan laws, pre-empted federal law, discriminated against them as out-of-state businesses and violated their constitutional rights.

Federal Judge John Feikens wrote in his decision that federal courts are prohibited from ruling on state laws. He also wrote that the state didn’t pre-empt federal laws, that it is perfectly reasonable for the state of Michigan to pass its own law and that the shippers didn’t show any harm from discrimination. He dismissed the suit with prejudice, meaning the plaintiffs cannot bring another legal action on the same claim.







Special Offer: Get 5 Weeks of the Journal Times for $7!

Previous  
Fewer Racine Unified students took ACT in 2006-07  

Article Rating

Current Rating: 0 of 0 votes!Rate File:

Reader Comments

Return to: Local News « | Home « | Top of Page ^

JT Blogs

Hot Blogs

Neighborhoods


Calendar

Want to save money??

Form
Name:  

Email:  

I would like to receive emails for the following:
  Automotive Service Specials
  Coupons
  Home Improvement Service Specials
  Dining Specials
  Local Events
  Shopping Deals