Notice of Appeal: BIC USA Inc. Vermont Household Hazardous Product EPR Law Registration: 26-ENV-00095

Pursuant to V.R.E.C.P. 5 and 10 V.S.A. § 8504, BIC USA Inc. (“BIC”), by and through counsel, hereby appeals to the Environmental Division of the Vermont Superior Court the September 4, 2026 determination by the Vermont Department of Environmental Conservation, on behalf of the Secretary of the Agency of Natural Resources, that BIC’s lighters are “covered household hazardous products” subject to Act 58. BIC has provided information to the Department that contradicts its determination, which is arbitrary and capricious and contrary to law. A copy of the Department’s determination, which is dated September 4, 2026 but was received by email on September 8, 2026, is submitted with this Notice as Exhibit 1. BIC has party status under 10 V.S.A. § 8504(d)(2) based on its direct participation and submission of information to the Department prior to its September 4 determination.

Pursuant to Rule 5 of the Vermont Rules for Environmental Court Proceedings, all interested persons are hereby notified that they must enter an appearance in writing with the court within 21 days of receiving this notice of appeal, or in such other time as may be provided in subdivision (c) of V.R.E.C.P. 5, if they wish to participate.

/s/ Justin B. Barnard

Justin B. Barnard, Esq.

DINSE

209 Battery Street

Burlington, VT 05401

802-864-5751

jbarnard@dinse.com

Brendan K. Collins, Esq.

Brigitta Glunk, Esq.

BALLARD SPAHR LLP

1735 Market Street, 51st Floor

Philadelphia, PA 19103