ELR Citation: ELR 20227
No(s). 12428-C (Mich. Cir. Ct. May 4, 1971)

Taxpayer's suit against Michigan's Secretary of State and state highway department director seeking injunction against issuance of motor vehicle licenses or permission for use by automobiles of state roads and highways until vigorous new emission standards are imposed by or at the direction of the court dismissed. The two state officials lack authority to set standards for vehicles not owned by state. At least with respect to alleged pollution arising from the use of motor vehicles, Michigan's Environmental Protection Act of 1970 unconstitutionally delegates legislative authority to courts by requiring them to direct the adoption of environmental standards "approved and specified by the court," where existing standards are found by the court to be inadequate. This is a law making, as opposed to regulatory or law enforcement function, and is thus unconstitutional.

Counsel for Plaintiff:
Robert C. Hauke
Hauke, Gifford & Patalidis
26400 Southfield Road
Lathrup Village, MI 48075
(313) 357-1130, 442-5686

Counsel for Defendant:
Frank J. Kelley Attorney General
Russell A. Searl Assistant Attorney General
James D. Mueller Assistant Attorney General
4th Floor, Highway Bldg.
Lansing, MI 48926
(517) 373-1480