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CAN MFRS. INSTITUTE, INC. v. STATE

No. 48349.

289 N.W.2d 416 (1979)

CAN MANUFACTURERS INSTITUTE, INC., et al., Appellants, v. STATE of Minnesota, Minnesota Pollution Control Agency, an Agency of the State of Minnesota, and its Executive Director, Respondents.

Supreme Court of Minnesota.

September 7, 1979.

Attorney(s) appearing for the Case

Dorsey, Windhorst, Hannaford, Whitney & Halladay, John M. Mason and Peter S. Hendrixson, Minneapolis, Chadwell, Kayser, Ruggles, McGee & Hastings, C. Lee Cook, Jr., and John C. Berghoff, Jr., Chicago, Ill., for appellants.

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., Eldon G. Kaul, Asst. Atty. Gen., Stephen F. Befort and Jocelyn Furtwangler Olson, Sp. Asst. Attys. Gen., Roseville, for respondents.

Janice M. Symchych and Stephen J. Snyder, Minneapolis, for amicus Sierra Club.

Heard, considered, and decided by the court en banc.

PETERSON, Justice.

The constitutionality and validity of Minnesota's Package Review Act (Minn.St. 116F.06) and the regulations for package review (Minn.Reg. SR-1 to SR-6) promulgated under the statute by the Minnesota Pollution Control Agency (MPCA) are the subject of this appeal. Section 116F.06 was enacted on May 24, 1973 (L.1973, c. 748, § 6); the regulations became effective on December 31, 1974.

The complaint for declaratory judgment and the motion...

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