ELR Citation: ELR 20286
No(s). 10298 (Ariz. Apr 23, 1971)

Proof of criminal intent was not necessary to conviction for misdemeanor violations of county air pollution regulations. The regulation makes the offender strictly liable merely on proof that he did the act. The court upheld statutory use of the Ringelmann Chart as a reasonable standard to measure the intensity of air pollution. Since adequate and reasonable standards were set up, the delegation of quasi-legislative powers to administrative agencies "to fill in the details of legislation already enacted" was upheld not in violation of the constitutional separation of powers. Evidence regarding efforts already made by defendant company to avoid pollution may be offered after the verdict in mitigation of punishment.

Counsel for State of Arizona:
Moise Berger Maricopa County Attorney
Albert I. Firestein
Thomas W. Meissner
H. Charles Eckerman Deputy County Attorneys
Superior Court Building
101 West Jefferson Street
Phoenix, AZ
(602) 262-3411

Counsel for Respondents:
Ralph Hunsaker
O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears
Suite 1800
First Federal Savings Building
30003 North Central Avenue
Phoenix, AZ 85012
(602) 279-9391

Struckmeyer Jr., Ch. J., Hays, Vice Ch. J., and Lockwood and Cameron, JJ., concur.