ABSTRACT

Local governments have the power to regulate only those subjects authorized by the state legislature or state constitution. Nevertheless there are several areas where direct local regulations of air pollution as well as indirect regulation of more traditional local matters can involve significant issues of air quality control. Local regulation may be held invalid where the ordinance is too vague and indefinite, such as an ordinance that makes it a criminal offense to create "foul or obnoxious odors" or that "allows noxious fumes to escape". The municipality of Seattle, in the exercise of its police power for the protection of the public health and welfare, may reasonably regulate the emission of air contaminants in the form of solid particles according to any reasonable classification. State enabling legislation authorizes local governments to regulate land use. Transportation controls are controls designed to limit the use of automobiles. Indirect sources of air pollution are facilities that attract vehicles that cause emissions.