Gasoline Marketers of Vermont, Inc. v. Agency of Natural Resources

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 that sells less than 400,000 gallons of gas per year, rather than as a business with twenty or fewer full-time employees, the definition provided by…