State v. All Pro Paint & Body Shop
Supreme Court of Louisiana
639 So. 2d 707 (La. 1994)
William Hampton and his business, All Pro Paint & Body Shop (defendants), were indicted for improperly disposing of hazardous paint-thinner waste in violation of Louisiana's Hazardous Waste Control Law (HWCL), which authorized severe felony penalties for knowingly transporting or disposing of hazardous waste that could place others in imminent danger; the defendants moved to quash the indictment, arguing the HWCL unconstitutionally delegated the legislature's exclusive power to define crimes to the state's environmental agency. The trial court denied the motion and convicted the defendants, the court of appeal reversed on the delegation issue, and the state appealed.
Whether the delegation of ministerial or administrative authority to executive agencies by the legislature violates the Louisiana Constitution.