ELR Citation: ELR 20207
No(s). 13640 (Mich. Ct. App. Feb 23, 1973)

Trials court's determination that the Michigan "Air Pollution Act" is an unconstitutional delegation of legislative authority to the courts is reversed since it is unnecessary for the disposition of this case. Suit is dismissed against the Secretary of State and the State Director of Highways for failure to issue regulations for the control of air pollution caused by automobiles, since neither of these named defendants have the authority to issue such regulations under the Act.

Counsel for Plaintiff
Robert C. Hauke
Hauke, Giffard & Patalidis
26400 Southfield Road
Lathrup Village, MI 48075

Counsel for Defendant
Russell A. Searl Assistant State Attorney General
770 Law Building
Lansing, MI 48933

James Mueller
Highway Building
Lansing, MI 48933