Zetterberg

Plaintiffs alleging themselves to be taxpayers and citizens of the State of California instituted an action for declaratory relief regarding the effect of the Mulford-Carrell Air Resources Act (Health & Saf. Code, § 39000 et seq.) praying for “a declaration that the enactment of the so-called ‘Pure Air Laws’ of California in 1967 and subsequent years have not preempted to the Air Resources Board or any other official agency or board other than the Public Health defendants the control of smog and pollution resulting from motor vehicles, and further declaring that the defendants, and particularly the Department of Public Health, has continuing discretions and duties in the field of pollution from all sources, including motor vehicle pollution, as it relates to public health, and declaring that the defendants have no right to suspend, or to continue to suspend, the traditional and legally accepted public health activities necessary to eliminate the threat to public health caused by smog and pollution resulting from the use of motor vehicles, and particularly conventional internal combustion engines in motor vehicles, and declaring that the defendants, and each of them, have…