Soap and Detergent Association v. Akron: Some Legal Difficulties in Local Efforts to Control Pollution
The Soap and Detergent Association, a trade association for detergent manufacturers, recently filed a suit against the city of Akron, Ohio, Soap and Detergent Association v. Akron, 1 ELR Dig. [159], claiming that a recently passed city ordinance banning the sale of detergents containing more than a specified amount of phosphates (a) purports to operate in a field, water pollution, which has been preempted by the state government, (b) conflicts with Ohio's general laws, (c) exceeds the authority granted to the city by the Ohio Constitution since it does not relate directly to the health and welfare of the city's residents, (d) will be ineffective for its avowed purpose, imposing burdens on the city's population that outweigh the benefits to them, (e) dereogates from the city's common law duty to accept in its sewer system all ordinary household wastes, (f) imposes an unacceptable burden on interstate commerce in violation of the Constitution of the United States, and (g) violates the constitutional guarantees of equal protection by singling out detergent manufacturers among numerous sources of phosphate pollution. Many of these same issues are likely to appear in one form or another in challenges to other local regulations as municipalities react to public pressure for tough anti-pollution measures.