Huron Portland Cement Co. v. City of Detroit

362 U.S. 440, 80 S. Ct. 813, 4 L. Ed. 2d 852, 1960 U.S. LEXIS 1882, 78 A.L.R. 2d 1294, 1 ERC (BNA) 1016
CourtSupreme Court of the United States
DecidedApril 25, 1960
Docket86
StatusPublished
Cited by625 cases

This text of 362 U.S. 440 (Huron Portland Cement Co. v. City of Detroit) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Huron Portland Cement Co. v. City of Detroit, 362 U.S. 440, 80 S. Ct. 813, 4 L. Ed. 2d 852, 1960 U.S. LEXIS 1882, 78 A.L.R. 2d 1294, 1 ERC (BNA) 1016 (1960).

Opinions

Mr. Justice Stewart

delivered the opinion of the Court.

This appeal from a judgment of the Supreme Court of Michigan draws in question the constitutional validity of certain provisions of Detroit’s Smoke Abatement Code as applied to ships owned by the appellant and operated in interstate commerce.

[441]*441The appellant is a Michigan corporation, engaged in the manufacture and sale of cement. It maintains a fleet of five vessels which it uses to transport cement from its mill in Alpena, Michigan, to distributing plants located in various states bordering the Great Lakes. Two of the ships, the S. S. Crapo and the S. S. Boardman, are equipped with hand-fired Scotch marine boilers. While these vessels are docked for loading and unloading it is necessary, in order to operate deck machinery, to keep the boilers fired and to clean the fires periodically. When the fires are cleaned, the ship’s boiler stacks emit smoke which in density and duration exceeds the maximum standards allowable under the Detroit Smoke Abatement Code. Structural alterations would be required in order to insure compliance with the Code.

Criminal proceedings were instituted in the Detroit Recorder’s Court against the appellant and its agents for violations of the city law during periods when the vessels were docked at the Port of Detroit. The appellant brought an action in the State Circuit Court to enjoin the city from further prosecuting the pending litigation in the Recorder’s Court, and from otherwise enforcing the smoke ordinance against its vessels, “except where the emission of smoke is caused by the improper firing or the improper use of the equipment upon said vessels.” The Circuit Court refused to grant relief, and the Supreme Court of Michigan affirmed, 355 Mich. 227, 93 N. W. 2d 888. An appeal was lodged here, and we noted probable jurisdiction, 361 U. S. 806.

In support of the claim that the ordinance cannot constitutionally be applied to appellant’s ships, two basic arguments are advanced. First, it is asserted that since the vessels and their equipment, including their boilers, have been inspected, approved and licensed to operate in interstate commerce in accordance with a comprehensive system of regulation enacted by Congress, the City of [442]*442Detroit may not legislate in such a way as, in effect, to impose additional or inconsistent standards. Secondly, the argument is made that even if Congress has not expressly pre-empted the field, the municipal ordinance “materially affects interstate commerce in matters where uniformity is necessary.” We have concluded that neither of these contentions can prevail, and that the Federal Constitution does not prohibit application to the appellant's vessels of the criminal provisions of the Detroit ordinance.1

The ordinance was enacted for the manifest purpose of promoting the health and welfare of the city’s inhabitants. Legislation designed to free from pollution the very air that people breathe clearly falls within the exercise of even the most traditional concept of what is com-pendiously known as the police power. In the exercise of that power, the states and their instrumentalities may act, in many areas of interstate commerce and maritime activities, concurrently with the federal government. Gibbons v. Ogden, 9 Wheat. 1; Cooley v. Board of Wardens of Port of Philadelphia, 12 How. 299; The Steamboat New York v. Rea, 18 How. 223; Morgan v. Louisiana, 118 U. S. 455; The Minnesota Rate Cases, 230 U. S. 352; Wilmington Transp. Co. v. California Railroad Comm., [443]*443236 U. S. 151; Vandalia R. Co. v. Public Service Comm., 242 U. S. 255; Stewart & Co. v. Rivara, 274 U. S. 614; Welch Co. v. New Hampshire, 306 U. S. 79.

The basic limitations upon local legislative power in this area are clear enough. The controlling principles have been reiterated over the years in a host of this Court’s decisions. Evenhanded local regulation to effectuate a legitimate local public interest is valid unless preempted by federal action, Erie R. Co. v. New York, 233 U. S. 671; Oregon-Washington Co. v. Washington, 270 U. S. 87; Napier v. Atlantic Coast Line, 272 U. S. 605; Missouri Pacific Co. v. Porter, 273 U. S. 341; Service Transfer Co. v. Virginia, 359 U. S. 171, or unduly burdensome on maritime activities or interstate commerce, Minnesota v. Barber, 136 U. S. 313; Morgan v. Virginia, 328 U. S. 373; Bibb v. Navajo Freight Lines, 359 U. S. 520.

In determining whether state regulation has been preempted by federal action, “the intent to supersede the exercise by the State of its police power as to matters not covered by the Federal legislation is not to be inferred from the mere fact that Congress has seen fit to circumscribe its regulation and to occupy a limited field. In other words, such intent is not to be implied unless the act of Congress fairly interpreted is in actual conflict with the law of the State.” Savage v. Jones, 225 U. S. 501, 533. See also Reid v. Colorado, 187 U. S. 137; Asbell v. Kansas, 209 U. S. 251; Welch Co. v. New Hampshire, 306 U. S. 79; Maurer v. Hamilton, 309 U. S. 598.

In determining whether the state has imposed an undue burden on interstate commerce, it must be borne in mind that the Constitution when “conferring upon Congress the regulation of commerce, . . . never intended to cut the States off from legislating on all subjects relating to the health, life, and safety of their citizens, though the legislation might indirectly affect the commerce of [444]*444the country. Legislation, in a great variety of ways, may affect commerce and persons engaged in it without constituting a regulation of it, within the meaning of the Constitution.” Sherlock v. Alling, 93 U. S. 99, 103; Austin v. Tennessee, 179 U. S. 343; Louisville & Nashville R. Co. v. Kentucky, 183 U. S. 503; The Minnesota Rate Cases, 230 U. S. 352; Boston & Maine R. Co. v. Armburg, 285 U. S. 234; Collins v. American Buslines, Inc., 350 U. S. 528. But a state may not impose a burden which materially affects interstate commerce in an area where uniformity of regulation is necessary. Hall v. DeCuir, 95 U. S. 485; Southern Pacific Co. v. Arizona, 325 U. S. 761; Bibb v. Navajo Freight Lines, 359 U. S. 520.

Although verbal generalizations do not of their own motion decide concrete cases, it is nevertheless within the framework of these basic principles that the issues in the present case must be determined.

I.

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362 U.S. 440, 80 S. Ct. 813, 4 L. Ed. 2d 852, 1960 U.S. LEXIS 1882, 78 A.L.R. 2d 1294, 1 ERC (BNA) 1016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huron-portland-cement-co-v-city-of-detroit-scotus-1960.