Bill Kettlewell, Inc. v. Michigan Department of Natural Resources

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

This matter is before the Court on the defendants’ motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).1 The plaintiff filed suit in this Court seeking *1014injunctive and declaratory relief, alleging that certain amendments to the Michigan Solid Waste Management Act (MSWMA), Michigan Comp.Laws Ann. § 299.401 et seq., violate the Commerce Clause of the United States Constitution. The defendants urge dismissal on four grounds: (1) the plaintiffs complaint is effectively a collateral attack upon this Court’s remand order of…