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GMOV v. AGENCY OF NATURAL RESOURCES

No. 98-417.

739 A.2d 1230 (1999)

GASOLINE MARKETERS OF VERMONT, INC., et al. v. AGENCY OF NATURAL RESOURCES.

Supreme Court of Vermont.

August 27, 1999.

Attorney(s) appearing for the Case

R. Bradford Fawley, Robert A. Miller, and Timothy E. Copeland of Downs Rachlin & Martin, PLLC, Brattleboro, for Plaintiffs-Appellants.

William H. Sorrell, Attorney General, and Ron Shems, Leslie Jones and Elizabeth Lord, Assistant Attorneys General, Montpelier, for Defendants-Appellees.

Present: AMESTOY, C.J., MORSE, JOHNSON and SKOGLUND, JJ., and ZIMMERMAN, District Judge, Specially Assigned.

JOHNSON, J.

The question presented by this case is whether the Agency of Natural Resources (ANR) adequately considered the economic effect on small businesses when it promulgated regulations to control vapor emissions at gasoline pumps. Appellant Gasoline Marketers of Vermont, Inc. (GMOV) contends that the regulations are invalid under the Vermont Administrative Procedure Act (VAPA), 3 V.S.A. §§ 801-849, because ANR defined a "small business" as a business...

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