ELR Citation: ELR 20255
No(s). 4 Div. 408 (Ala. Apr 8, 1971)

The Alabama Environmental Improvement Act of 1969 does not violate the provisions of the state constitution which prohibit: (1) state participation or interest in private business enterprises; (2) state involvement in works of internal improvement or loan of its funds for such purposes; (3) the authorization of a "subdivision" of the state to lend its credit to or otherwise participate in a private business enterprise; and (4) the creation of new debt by the state. The act authorizes the creation of public corporations with power to issue revenue bonds for the construction of pollution abatement facilities and for financial assistance to private businesses and municipalities for the purpose of controlling environmental pollution. These public corporations are distinct legal entities and do not act as the state or as subdivisions of the state within the meaning of the state constitution. The act is not an unconstitutional delegation of legislative power to the governor; it merely assigns to the administrative branch certain fact-finding duties with appropriate guidelines to insure that the purposes of the act will be achieved. The act meets the state constitutional requirement that a statute contain one subject and that this subject be clearly expressed in the title of the statute.

Counsel for Peggy L. Knight:
Alton L. Turner
Turner & King
Glenwood Avenue
Luverne, AL
(205) 335-3301

Counsel for West Alabama Environmental Improvement Authority:
William Baxley
Attorney General
64 North Union Avenue
Montgomery, AL
(205) 262-7741

Garet Van Antwerp
354 St. Francis St.
Mobile, AL
(205) 432-1312

All the Justices concur except Coleman, J., who dissents.