United States v. State of Mich., 23-1971

In December 2022, the U.S., State of Michigan, and several Michigan Native American tribes (the "Stipulating Parties") submitted the proposed 2023 Great Lakes Fishing Decree to resolve the management and allocation of fishing rights on the Great Lakes.
The Coalition to Protect Michigan Resources (the "Coalition"), a nonprofit representing recreational fishing interests, objected to the decree but participated only as amicus curiae and was not granted party status.
The district court overruled the Coalition’s objections and entered the 2023 Decree, noting it protected both tribal treaty rights and fisheries conservation.
The Coalition appealed the decree’s entry, arguing it should have appellate rights due to the degree of its involvement.
The United States cross-appealed on the issue of the Coalition's right to appeal, raising a question of appellate jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Appellate standing of amicus	Coalition argued its substantive involvement entitled it to appeal.	U.S. argued only parties or intervenors have appellate standing.	Only parties/intervenors may appeal; no jurisdiction.
Status as de facto party	Coalition claimed amicus status here was equivalent to party status.	U.S. argued Coalition only ever had amicus, not party, status.	Coalition was never treated as a party; no standing.
Need for formal intervention	Coalition argued objection process sufficed for standing.	U.S. said only a granted motion to intervene confers standing.	Formal intervention required for non-party to appeal.
Applicability of class action	Coalition cited Devlin as precedent for non-intervenor appeal rights.	U.S. distinguished Devlin as limited to class actions.	Devlin does not apply; not a class action context.

Marino v. Ortiz, 484 U.S. 301 (1988) (non-parties must intervene to appeal consent decree)
Bender v. Williamsport Area Sch. Dist., 475 U.S. 534 (1986) (motion to intervene required to confer appellate standing)
Stringfellow v. Concerned Neighbors in Action, 480 U.S. 370 (1987) (non-party must intervene to appeal)