Legal Opinion

People v. Martin

California Court of Appeal

Decided June 20, 1989No. B024374PublishedCited by 18 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

GILBERT, J.

California regulates the transportation and disposal of hazardous waste through the Hazardous Waste Control Act. (Health & Saf. Code, 1 § 25100 et seq.; Cal. Code Regs., tit. 22, § 66001 et seq.) The act affixes criminal liability for violation of a standard of ordinary care. We hold that the act is constitutional, that it is not vague or ambiguous, that it does not unlawfully delegate legislative authority, and that it is not superseded by federal law which exempts “empty” hazardous waste containers from regulation.

Procedural Background and Facts

Ray E. Martin is the…

2Cases cited32 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  4. Connally v. General Construction Co.Supreme Court of the United States · 1926
  5. Morissette v. United StatesSupreme Court of the United States · 1952

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3Cited by18 opinions

  1. People v. SimonCalifornia Supreme Court · 1995
  2. People v. HeilmanCalifornia Court of Appeal · 1994
  3. State v. All Pro Paint & Body Shop, Inc.Supreme Court of Louisiana · 1994
  4. People v. MatthewsCalifornia Court of Appeal · 1992
  5. People v. MitchellCalifornia Court of Appeal · 1994

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