In Bitumar v. Vermont Agency of Transp., Vt. Super. Ct., No. 449-7-14 Wncv (July 31, 2014), the court, after a full evidentiary hearing, enjoined the Vermont Agency of Transportation from implementing a ban on re-refined engine oil bottoms ("REOB").
The Vermont court found that if the ban on REOB were allowed to go into effect, Bitumar would suffer irreparable harm. However, the court noted that "the standards for the issuance of a preliminary injunction under Vermont law are not crystal clear." Id. at 5.
The Vermont court characterized the liability standard for injunctions as "whether Bitumar either has a likelihood of success on the merits or at least is shown sufficient issues making them a fair ground for litigation." Id. at 6.