Question Earthority!

“A defense lawyer is challenging the constitutionality of a criminal law being used to prosecute a Dutch pork producer from Delaware County and a Dutch dairy farmer from Huntington County. The law in question makes it a class D felony to knowingly, intentionally or recklessly violate an environmental management law, rule, standard, permit or order. Muncie attorney Scott Shockley is asking a trial court to dismiss three felony charges against pork producer Jacobus ‘John’ Tielen, Eaton. Since 1999, prosecutors claim, Tielen has continually shown contempt for laws, rules and orders governing the management of hog manure. … He has been fined more than $21,000 for spilling manure, failing to report a manure spill, killing fish and other civil violations. … Shockley recently filed a motion asking Delaware Circuit Court 4 Judge John Feick to dismiss charges against Tielen because the law is ‘hopelessly broad,’ vague, and a violation of the separation of powers doctrine.” (02/28/06)