ELR Citation: ELR 20590
No(s). s. IP 71-C-301 et al (S.D. Ind. Aug 31, 1971)

Plaintiffs' motion to enjoin enforcement of Indiana statute making sale of detergents with more than 12 percent phosphate content illegal as of January 1, 1972, and sale of detergents with more than three percent phosphate content illegal as of January 1, 1973, and affixing criminal penalties for violation of same while also providing for injunctive relief in case of violation, denied. Federal courts should tred carefully when asked to declare state statute unconstitutional. Prospective enforcement of criminal statute should be enjoined only where statute is unconstitutional on its face. No need to enjoin civil enforcement since any defense to statute available now would be available later. Equal protection argument fails because there is present a rational basis on which the state may single out soap and detergent products. Statute is not unconstitutionally vague. No impediment to interstate commerce is involved because statute would apply to product manufactured in Indiana. State has valid interest in fighting eutrophication of waters, and if this law is ineffectual, the remedy lies with the state legislature.

Counsel for Plaintiffs:
Don A. Tabbert
Robert B. Keene
2410 Indiana National Bank Tower
Indianapolis, IN 46204
(317) 639-5444

Counsel for State:
Richard C. Johnson Chief Deputy Attorney General
William D. Christen Assistant Attorney General
Wayne R. Cook Deputy Attorney General
219 State House
Indianapolis, IN 46204
(317) 633-5512

Counsel for Indiana Division, Izaak Walton League of America Endowment, and Environmental Defense Fund, Inc., Intervenors:
Jonathan L. Birge
Bingham, Summers, Welsh & Spilman
2700 Indiana Tower
One Indiana Square
Indianapolis, IN 46204
(317) 635-8900

Opinion delivered from bench