Legal Opinion

Agency of Natural Resources v. Deso

Supreme Court of Vermont

Decided March 27, 2003No. 01-532PublishedCited by 14 opinions

1Opinion of the Court

¶ 1. Respondent Richard Deso appeals an order of the environmental court fining him $200,474 (reduced to $100,000 pursuant to 10 V.S.A. § 8010(c)) for operating a gas station for eighteen months without installing a Stage II vapor recovery system as required by Vermont’s Air Pollution Control Act, 10 V.S.A. §§ 551-576, and Air Pollution Control Regulations, Stage II Vapor Recovery Controls at Gasoline Dispensing Facilities § 5-253.7. Deso argues that in calculating the penalty the court erred by (1) improperly counting as an economic benefit of his misconduct $161,264 in profits earned from…

2Cases cited18 opinions

  1. Mullin v. PhelpsSupreme Court of Vermont · 1994
  2. Commissioner of Environmental Protection v. Connecticut Building Wrecking Co.Supreme Court of Connecticut · 1993
  3. State v. LussierSupreme Court of Vermont · 2000
  4. Secretary, Vermont Agency of Natural Resources v. Handy Family EnterprisesSupreme Court of Vermont · 1995
  5. Agency of Natural Resources v. GodnickSupreme Court of Vermont · 1994

13 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. State v. OscarsonSupreme Court of Vermont · 2004
  2. Miller-Jenkins v. Miller-JenkinsSupreme Court of Vermont · 2006
  3. In re Beliveau NOV, Town of Fairfax v. BeliveauSupreme Court of Vermont · 2013
  4. Shaddy v. Brattleboro RetreatSupreme Court of Vermont · 2012
  5. The Estate of Richard S. Daniels, by and through Julie Lyford in her capacity asSupreme Court of Vermont · 2022

9 more not listed; retrieve them via the Exa API.

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