State v. All Pro Paint & Body Shop
Supreme Court of Louisiana
639 So. 2d 707 (La. 1994)
On December 5, 1990, William J. Hampton (defendant), the owner of All Pro Paint & Body Shop, Inc. (defendant) paid a scrap dealer to dispose of spent paint thinner. The Louisiana Department of Environmental Quality (DEQ) discovered the containers, which had been improperly disposed of, and determined they were hazardous waste under the Louisiana Hazardous Waste Control Law (HWCL). A grand jury indicted the defendants for knowingly transporting, storing, and disposing hazardous waste in a manner they knew or should have known would place others in imminent danger of death or serious bodily injury. Under HWCL § 2183(G)(2) a conviction of that offense was punishable by a fine of not more than $250,000 per day of violation, imprisonment for not more than 15 years, or both. The defendants pled not guilty and moved to quash the indictment on the ground that the Louisiana legislature unconstitutionally delegated legislative authority to the executive branch. The trial court denied the motion to quash and convicted the defendants of illegal transportation and disposal of hazardous waste. The Louisiana First Circuit Court of Appeal reversed, finding § 2183(G)(2) unconstitutionally delegated legislative authority to define a felony. The State of Louisiana (plaintiff) appealed.
Rule of Law
Holding and Reasoning (Kimball, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.