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SUPREME COURT OF LOUISIANA
No. 96-KA-2302
STATE OF LOUISIANA Versus TIMOTHY G. BYRD, SR., MORRIS PELTIER AND PETER F. NICOLOSI ON APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, FOR THE PARISH OF ACADIA, HONORABLE DON AARON, JR., JUDGE JOHNSON, Justice* In this case, we must decide whether the trial court erred in holding a state statute unconstitutional on the basis of vagueness. The defendants were indicted for violating La. R.S. 30:2183(G)(1) by knowingly storing hazardous waste at their Marco of Iota, Inc. facility located on Louisiana Highway 370 in Acadia Parish. Following a hearing on defendants' motion, the trial judge quashed the indictment, finding that the "catch-all" provision contained within the statute was so overbroad, it was rendered unconstitutionally vague. Pursuant to La. Const. art. V,

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