Bloomer v. Cheney

The plaintiff, State Senator from Rutland County, asserts that the Secretary of the Department of Environmental Conservation has violated the express provisions of the so-called “bottle ban” legislation, 10 V.S.A. § 1523, by the regulations he promulgated to put such legislation into effect. The regulations dealt with the transition from no-deposit to the now mandatory returnable bottles. Although the statute provided that after July 1, 1973, only the returnable bottle and deposit system would be in effect, the regulations deferred the full restraint of the statute for sixty days to allow…