Westervelt v. Natural Resources Commission

This case comes to us on appeal from a declaratory judgment. There are two issues: (1) whether the Legislature, in conferring authority upon the Department of Conservation and the Commission of Conservation1 to promulgate rules and regulations pursuant to §§ 3 and 3a of 1921 PA 17, as amended; MCLA 299.3, 299.3a; MSA 13.3, 13.4, unconstitutionally delegated its legislative power; and (2) whether the "river use rules” promulgated by the successor Department of Natural Resources are invalid because the agency exceeded the scope of authority granted to it by the Legislature under §§ 3 and 3a of…