Chemical Specialities Manufacturers Ass'n v. Jorling

OPINION OF THE COURT

Casey, J.

At issue on this appeal is whether respondent Commissioner of Environmental Conservation has the authority to promulgate a regulation that effectively prohibits the sale, use or distribution in the State of products containing high concentrations of the pesticide commonly known as DEBT. We conclude that the Commissioner has such authority and that the record contains evidence that establishes a rational basis for the regulation.

Based upon documented adverse health impacts associated with the use of products containing DEBT, respondent Department of Environmental…