Environmental -- 2002



National Electrical Manufacturers Association v. Sorrell   (U.S. Supreme Court)

Vermont light bulb labeling law

The NAM joined with the Electronic Industries Alliance in an amicus brief 11/20/01 urging the Second Circuit to rehear a case in which Vermont's light-bulb labeling law was upheld. Our concern is that state laws must be narrowly tailored not to unduly interfere with the free flow of goods nationwide, and Vermont's law relating to light bulbs containing mercury could seriously disrupt the distribution system of these products. The court denied the petition for rehearing on 1/8/02.

The NAM filed an amicus brief supporting Supreme Court review of this issue, since there are many situations where states may enact laws that purport to affect both in-state and interstate commerce equally, but that as a practical matter make it extremely expensive for manufacturers and distributors to comply with conflicting, or simply different, labeling requirements at the end-user level. The Supreme Court declined to hear this appeal on 6/10/02.