STATE v. ALL PRO PAINT & BODY SHOP, INC.

No. 93-KA-1316.

639 So.2d 707 (1994)

STATE of Louisiana v. ALL PRO PAINT & BODY SHOP, INC. and William J. Hampton.

Supreme Court of Louisiana.

July 5, 1994.


Attorney(s) appearing for the Case

Richard Ieyoub, Atty. Gen., Douglas P. Moreau, Dist. Atty., Thomas Carl Walsh, Jr., Gwendolyn K. Brown, Asst. Dist. Attys., for appellant.

John P. Aydell, Jr., Guy E. Wall, Gordon, Arata, McCollam & Duplantis, for appellee.

Meredith Hoag Lieux, Veronica Jones-Matthews, amicus curiae, for Dept. of Environmental Quality.

Mary Patricia Jones, amicus curiae, for Richard P. Ieyoub.

James Clifford Dixon, amicus curiae, for Dept. of Public Safety & Corrections.

George Davidson Fagan, amicus curiae, for Balehi Marine Inc.


KIMBALL, Justice.*

The State appeals a judgment of the Louisiana First Circuit Court of Appeal declaring a criminal penalty provision of the Louisiana Hazardous Waste Control Law unconstitutional as a delegation to the executive branch of legislative authority to define a felony.1 We reverse.

I

On or about December 5, 1990, defendant William J. Hampton, the owner and operator of defendant...

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