Date: September 20, 2013

Gallo Co. et. al. v. Commissioner of Department of
Environmental Protection
– Property
(Originated in Connecticut)
U.S. Supreme Court

this case beverage distributors challenged amendments to Connecticut’s Bottle
Bill. In 1980 the State enacted the original Bottle Bill, which required
distributors to pay consumers a refund of a few cents for each bottle that was
returned. In the midst of a financial crisis in 2008, the State amended the
Bottle Bill to require distributors to set aside money for these refunds in a
separate interest bearing account. Then in 2009 the State amended the Bottle
Bill again to require distributors to hand-over unpaid refunds to the
Department of Environmental Protection on a quarterly basis. Before that it was
settled law that the distributors had property rights in the unpaid refunds,
but the Connecticut Supreme Court changed that in a ruling upholding the 2009
amendments, and redefining property rights in the State. Petitioners contend
that the amendments constituted a taking, and that the State Supreme Court is
complicit in the taking.


 If you have a case that impacts small
business, please contact us at: 
1-800-552-NFIB as we are actively looking for opportunities to weigh in
on important issues in this state. NFIB Small Business Legal Center is involved
in many cases that impact this state and others; to see our complete list of
Supreme Court cases click on Washington, DC on the interactive map.


 Thank You

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