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State v. Acme Scrap Iron & Metal

ELR Citation: 7 ELR 20405
Nos. Nos. 785, 786, 361 N.E.2d 250/49 Ohio App. 2d 371, (Ohio Ct. App., 05/20/1974)

Reversing the trial court, the Ohio Court of Appeals for Ashtabula County upholds against various constitutional challenges the Ohio air pollution statutes authorizing promulgation of air quality standards. The lower court granted defendants' motion to quash criminal affidavits charging them with violations of air quality regulations on the grounds that the regulations improperly delegated legislative power, exceeded the state's police powers, and operated in a non-uniform fashion throughout the state. Delegations of powers to administrative agencies must be surrounded by carefully drawn standards to guide the exercise of administrative power, and the standards contained in the air pollution statutes meet this qualification both substantively and procedurally. Second, the constitution does not protect personal liberty and private property from reasonable regulation for the people's health, safety, and welfare. Finally, the air pollution laws may admit reasonable classifications while operating generally uniformly throughout the state. The trial court is reversed.

[Despite its age, this opinion was only recently released for publication. — Ed.]

Counsel for Plaintiff
Bruce Cryder
Department of Attorney General
Columbus OH 43215
(614) 466-3376

Counsel for Defendants
Charles Diamond
Diamond & Dubsky
355 Prospect Rd., Ashtabula OH 44004
(216) 998-6221

HOFSTETTER, J., concurs.

JONES, P.J., not participating.