Justia Vermont Supreme Court Opinion Summaries

Articles Posted in Environmental Law
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In this case, the Vermont Supreme Court affirmed the decision of the Vermont Public Utility Commission approving a contract under 30 V.S.A. § 248(i) for the purchase of out-of-state renewable natural gas by Vermont Gas Systems, Inc. (VGS). The contract, which was proposed to last for fourteen-and-a-half years, required VGS to purchase a minimum volume of renewable natural gas that would be produced and transported from a landfill in New York. The contract was part of VGS's efforts to invest in nonfossil gas and incorporate renewable natural gas into its gas supply to meet regulatory requirements and reduce greenhouse gas emissions.The appellant, Catherine Bock, a ratepaying customer of VGS, challenged the Commission's findings with respect to the contract’s contribution towards satisfying emissions reductions under the Vermont Global Warming Solutions Act of 2020. Bock also disputed the Commission’s finding that the contract, with a condition imposed by the Commission, would comply with least-cost planning principles.The court rejected Bock's arguments, finding that the Commission's conclusions were supported by the evidence in the record and were not clearly erroneous. The court noted that the contract was only one of VGS's strategies to reduce emissions pursuant to the Vermont Global Warming Solutions Act of 2020. It also pointed out that there was sufficient evidence to support the Commission's determination that the contract was cost-effective and consistent with least-cost planning principles. View "In re Petition of Vermont Gas Systems, Inc." on Justia Law

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Plaintiffs, the developer of a solar electric generation facility and the owner of the project site, appealed the dismissal of their complaint for declaratory and injunctive relief against the Vermont Agency of Natural Resources (ANR). Plaintiffs sought a ruling that two guidance documents and a plant-classification system created by ANR were unlawful and therefore could not be relied upon by ANR or the Public Utilities Commission (PUC) in determining whether to issue a certificate of public good for a proposed facility under 30 V.S.A. § 248. The civil division granted ANR’s motion to dismiss plaintiffs’ claims, concluding that the guidance documents and classification system were not rules and did not have the force of law, and that the proper forum to challenge the policies was in the PUC proceeding. Finding no reversible error in that judgment, the Vermont Supreme Court affirmed. View "Otter Creek Solar, LLC, et al. v. Vermont Agency of Natural Resources, et al." on Justia Law

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Applicants Christian and Clark Katzenbach appealed the Environmental Division’s decision granting but imposing certain conditions on an Act 250 permit for operating their sand- and gravel-extraction project. Applicants challenged the court’s findings and conclusions under Criterion 5 and Criterion 8 of Act 250. The Vermont Supreme Court found no clear error in the trial court's findings under both criteria, but concluded one condition imposed under Criterion 5 was unreasonable in light of the trial court’s findings. The Supreme Court therefore struck that one Criterion 5 condition and affirmed in all other respects. View "In re Katzenbach A250 Permit #7R1374-1" on Justia Law

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Plaintiff Richard Daniels appealed a trial court's grant of summary judgment in favor of defendants Attorney James Goss, Attorney Matthew Hart, and law firm Facey Goss & McPhee P.C. (FGM), arguing the court erred when it concluded he could not prove defendants caused his injury as a matter of law. Defendants represented plaintiff in a state environmental enforcement action where he was found liable for a hazardous-waste contamination on his property. On appeal, plaintiff claimed defendants failed to properly raise two dispositive defenses: the statute of limitations and proportional liability. After review, the Vermont Supreme Court concluded plaintiff would not have prevailed on either defense if raised and therefore affirmed the grant of judgment to defendants. View "The Estate of Richard S. Daniels, by and through Julie Lyford in her capacity as Executor et al." on Justia Law

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Following a remand from the Vermont Supreme Court, the Public Utility Commission (PUC) denied petitioner’s request for a certificate of public good (CPG) to construct a 2.0 megawatt (MW) solar facility on Apple Hill in the Town of Bennington, Vermont. Petitioner appealed, arguing the PUC erred in: (1) denying its request to amend its petition; (2) concluding that the Bennington Town Plan and Bennington Regional Plan contained clear community standards and that the project would violate those standards; (3) applying the “modified Quechee” standard in the aesthetics analysis without having gone through rulemaking; (4) treating the provisions of the Bennington Town Plan as if they were binding zoning ordinances in violation of 24 V.S.A. 4413; (5) failing to consider the positive benefits of the project with respect to greenhouse-gas emissions in the contexts of its aesthetics analysis; and (6) applying vague and standardless tests in violation of its constitutional rights. After review, the Vermont Supreme Court rejected significant portions of the PUC’s rationale for denying petitioner a CPG, therefore reversed and remanded for additional proceedings. View "In re Petition of Apple Hill Solar LLC" on Justia Law

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Justin and Maureen Savage (landowners) owned a 176-acre parcel of undeveloped land in a rural area near Cavendish, Vermont. Snowstone, LLC, sought to buy a portion of landowners’ property to operate a dimensional stone extraction project. After executing the contract, Snowstone requested a jurisdictional opinion from the Act 250 district coordinator to determine whether the project would need an Act 250 permit. A group of neighboring landowners (neighbors) filed comments, arguing that the project would require said permit. The district coordinator issued a jurisdictional opinion, concluding that the proposed project needed an Act 250 permit because the project constituted “development,” defined in relevant part as “[t]he construction of improvements for commercial or industrial purposes on more than one acre of land within a municipality that has not adopted permanent zoning and subdivision bylaws.” Snowstone appealed the jurisdictional opinion to the Environmental Division, presenting the court with a revised contract that reduced the purchase price, removed the right of first refusal, and excised the deed restriction. Neighbors successfully intervened, arguing that the two parcels would be controlled by the same person due to the nature of the sales transaction, that the retained parcel would be “involved land,” and that the project would require a stormwater discharge permit with stormwater treatment facilities that would increase the amount of land necessary to operate the project beyond one acre. The court scrutinized the revised sales contract and determined that, with the excision of the former objectionable provisions, the contract evinced an arms-length transaction such that Snowstone and landowners were not one person. Accordingly, the court concluded that the entire 176 acres did not require an Act 250 permit. The Neighbors appealed, but finding no reversible error, the Vermont Supreme Court affirmed the Environmental Division's judgment. View "In re Snowstone, LLC Act 250 Jurisdictional Opinion" on Justia Law

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Plaintiff R.L. Vallee, Inc. appealed the Environmental Division’s decision granting an Act 250 permit to the Vermont Agency of Transportation (VTrans) for a highway project involving the reconfiguration of an interstate exit. Vallee argued the court applied the incorrect standard in analyzing phosphorus discharges under Act 250 Criterion 1, and improperly evaluated the evidence of phosphorus and chloride discharges under Criterion 1. The Vermont Supreme Court found the Environmental Division applied the correct legal standard to evaluate discharges, and properly considered the evidence before it in determining that the project complies with Criterion 1. View "In re Diverging Diamond Interchange Act 250 (R.L. Vallee, Inc.)" on Justia Law

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Katherine Hall appealed an Environmental Division decision granting summary judgment to Chittenden Resorts, LLC and RMT Associates, d/b/a Mountain Top Inn & Resort (the Resort). The Environmental Division concluded the Resort did not need an amended Act 250 permit to run a rental program where, pursuant to a contractual agreement, the Resort rented out private homes near the Resort. On appeal, Hall argued that the Environmental Division erred in determining that the Resort did not need an amended Act 250 permit. Specifically, she argued the Resort needed an amended Act 250 permit because under 10 V.S.A. 6001(14)(A), the Resort and owners of the homes involved in the rental program were a collective "person." Alternatively, she argued the Resort exercised "control" over the rental homes within the meaning of section 6001(3)(A)(i). The Vermont Supreme Court disagreed with Hall's characterization of the Resort and home owners as a collective "person." Further, the Court found the Resort did not control the rented homes contemplated by section 6001(3)(i). Therefore, the Supreme Court affirmed the Environmental Division's judgment. View "In re Mountain Top Inn & Resort, JO 1-391 (Hall, Appellant)" on Justia Law

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The issue presented to the Vermont Supreme Court in this case involved a state water-quality certification made pursuant to the federal Clean Water Act (CWA), issued by the Vermont Agency of Natural Resources (ANR) for the operation of hydroelectric dams. ANR certified three dams operated by Morrisville Water and Light (MWL) and imposed conditions, including those to control the minimum amount of water released from each dam to support habitat for fish. MWL appealed these conditions to the Environmental Division. American Whitewater and Vermont Paddlers’ Club (collectively the Paddlers) also appealed, arguing that the conditions at one facility did not allow for whitewater boating. The Environmental Division rejected ANR’s flow rates and imposed MWL’s proposed flow rates, affirmed ANR’s conditions regarding a winter drawdown for one site, and imposed scheduled releases of water as requested by the Paddlers. ANR appeals and MWL cross appeals. After review, the Supreme Court concluded the Environmental Division erred in rejecting ANR’s interpretation of its antidegradation policy and methodology for calculating flow rate, and affirmed the Environmental Division on the winter drawdown and timed releases for the Paddlers at the Green River facility. View "In re Morrisville Hydroelectric Project Water Quality" on Justia Law

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Plaintiffs R.L. Vallee, Inc. (Vallee) and Timberlake Associates, LLP (Timberlake) appealed various aspects of three decisions that culminated in the environmental division granting the Vermont Agency of Transportation (VTrans) Act 250 and stormwater discharge permits for a highway project involving the reconfiguration of an interstate exit. The Vermont Supreme Court concluded the environmental division erred in dismissing Vallee’s questions regarding Criterion 1 of Act 250; in all other respects, the Court affirmed. Accordingly,issuance of the stormwater permit was upheld, issuance of the Act 250 permit was reversed, and the matter remanded for the environmental division to consider Vallee’s questions concerning Criterion 1. View "In re Diverging Diamond Interchange SW Permit, Diverging Diamond Interchange A250" on Justia Law