In Re Appeal of Electronic Industries Alliance

¶ 1. The Electronic Industries Alliance (EIA), a national trade organization, appeals from a declaratory ruling of the Secretary of Natural Resources, made pursuant to 3 V.S.A. § 808, that Vermont’s mercury-added consumer product labeling law, 10 V.S.A. § 6621d, requires labeling of products containing lamps that, in turn, contain mercury. EIA argues that the requirement is inconsistent with the statute and the implementing rules adopted by the Department of Environmental Conservation, and, as a result, imposes a requirement of general applicability for which DEC was required to promulgate a…