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SOAP & DETERGENT ASS'N v. NRC

Docket No. 66789, (Calendar No. 4).

415 Mich. 728 (1982)

330 N.W.2d 346

SOAP & DETERGENT ASSOCIATION v. NATURAL RESOURCES COMMISSION

Supreme Court of Michigan.

Decided December 23, 1982.

Attorney(s) appearing for the Case

Dykema, Gossett, Spencer, Goodnow & Trigg (by Thomas L. Munson, Robert D. Dunwoodie, and Bowden V. Brown), Baker & Hostetler (by Shirley Z. Johnson) of counsel, and John E. Stephen, General Counsel, Amway Corporation, for plaintiffs.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, and Stewart H. Freeman and Susan Peck Iannotti, Assistants Attorney General, for defendants.

WILLIAMS, J.

I

The issue we are asked to address in this case is whether the authority to promulgate 1979 AC, R 323.1173(4), which regulates the phosphorus content permitted in cleaning agents, was lawfully delegated to the Natural Resources Commission, the head of the Department of Natural Resources.

This issue includes three subissues. First, did the Legislature pre-empt the power to "further restrict the nutrient content * * * of cleaning agents...

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