Lake Carriers' Assn. v. MacMullan

406 U.S. 498, 92 S. Ct. 1749, 32 L. Ed. 2d 257, 1972 U.S. LEXIS 115, 2 Envtl. L. Rep. (Envtl. Law Inst.) 20283, 4 ERC (BNA) 1129
Supreme Court of the United States·Decided May 30, 1972·No. 71-422·Published·Cited by 621 cases

Opinions

Mr. Justice Brennan delivered the opinion of the Court.

This is an appeal from the judgment of a three-judge District Court, convened under 28 U. S. C. §§2281, 2284, dismissing a complaint to have the Michigan Watercraft Pollution Control Act of 1970, Mich. Comp. Laws Ann. § 323.331 et seg. (Supp. 1971), declared invalid and its enforcement enjoined. 336 F. Supp. 248 (1971). We noted probable jurisdiction, 404 U. S. 982 (1971), and affirm the District Court’s determination to abstain from decision pending state court proceedings.

The Michigan statute, effective January 1, 1971, provides in pertinent part:

“Sec. 3. (1) A person [defined in § 2 (i) to mean “an individual, partnership, firm, corporation, association or other entity”] shall not place, throw, deposit, discharge or cause to be discharged into or onto the waters of this state, any ... sewage [defined in § 2 (d) to mean “all human body wastes, treated or untreated”] ... or other liquid or solid materials [501] which render the water unsightly, noxious or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment of the water for recreational purposes.
“(2) It is unlawful to discharge, dump, throw or deposit . . . sewage . . . from a recreational, domestic or foreign watercraft used for pleasure or for the purpose of carrying passengers, cargo or otherwise engaged in commerce on the waters of this state.
“Sec. 4. (1) Any pleasure or recreational watercraft operated on the waters of this state which is moored or registered in another state or jurisdiction, if equipped with a pollution control device approved by that jurisdiction, may be approved by the [State Water Resources Commission of the Department of Natural Resources] to operate on the waters of this state.
“(2) A person owning, operating or otherwise concerned in the operation, navigation or management -of a watercraft [defined in § 2 (g) to include “foreign and domestic vessels engaged in commerce upon the waters of this state” as well as “privately owned recreational watercraft”] having a marine toilet shall not own, use or permit the use of such toilet on the waters of this state unless the toilet is equipped with 1 of the following pollution control devices:
“(a) A holding tank or self-contained marine toilet which will retain all sewage produced on the watercraft for subsequent disposal at approved dockside or onshore collection and treatment facilities.
“(b) An incinerating device which will reduce to ash all sewage produced on the watercraft. The ash shall be disposed of onshore in a manner which will preclude pollution.
[502] “Sec. 8. . . . Commercial docks and wharfs designed for receiving and loading cargo and/or freight from commercial watercraft must furnish facilities, if determined necessary, as prescribed by the commission, to accommodate discharge of sewage from heads and galleys ; . . [of] the watercraft which utilize the docks or wharfs.
“Sec. 10. The commission may promulgate all rules necessary or convenient for the carrying out of duties and powers conferred by this act.
“Sec. 11. Any person who violates any provision of this act is guilty of a misdemeanor and shall be fined not more than $500.00. To be enforceable, the provision or the rule shall be of such flexibility that a watercraft owner, in carrying out the provision or rule, is able to maintain maritime safety requirements and comply with the federal marine and navigation laws and regulations.”

Appellees — the State Attorney General, the Department of Natural Resources and its Director, and the Water Resources Commission and its Executive Secretary — read these provisions as prohibiting the discharge of sewage, whether treated or untreated, in Michigan waters and as requiring vessels with marine toilets to have sewage storage devices.

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Lake Carriers' Assn. v. MacMullan, 406 U.S. 498, 92 S. Ct. 1749, 32 L. Ed. 2d 257, 1972 U.S. LEXIS 115, 2 Envtl. L. Rep. (Envtl. Law Inst.) 20283, 4 ERC (BNA) 1129 (1972).

406 U.S. 498 (Lake Carriers' Assn. v. MacMullan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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