Court

Climate activist lawyers sue State of Vermont for carbon goal failure

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2020 law enabled anyone to sue state

By Michael Bielawski

The State of Vermont is being sued for not meeting its climate goals. An announcement by the Conservation Law Foundation (CLF) states that they “filed a lawsuit against Vermont’s Secretary of the Agency of Natural Resources (ANR) for not fulfilling her legal obligations under the Global Warming Solutions Act (GWSA), which is critical for keeping the state on track to reduce harmful emissions contributing to climate change.” The lawsuit was made possible by elected officials when they passed the Global Warming Solutions Act in 2020.

Governor Phil Scott, in his letter for his veto of the 2020 bill, warned this would happen: “We should use this model for climate change work from the start – not after costly litigation. Because, while our recent clean water work has been a success, the fact is it took nearly two decades to reach this point with early attempts delayed by expensive and unnecessary litigation and the uncertainty those suits created.”

Elena Mihaly, Vice President of Conservation Law Foundation Vermont, is quoted in their statement: “Vermont families and businesses are still reeling from repeated deadly storms and flooding. Climate change is here and it’s time for transparency, honesty, and immediate action. We’re ready to do what it takes to ensure our decision makers don’t fumble their critical job of protecting Vermont for future generations. Our way of life, our health, and our environment depend on it.”

Meeting the carbon goals would cost the state $10 billion, just for the heating sector, not including transportation and electricity production mandates.

The CLF’s announcement also highlighted the Act. It states, “Vermont’s Global Warming Solutions Act passed in 2020. It makes sure that Vermont lowers its polluting emissions by turning the State’s existing emissions reduction goals into legally binding requirements, with benchmarks to hit along the way.”

It says that ANR was not doing its part to mitigate climate change as mandated by the Act. It states, “But the Secretary of Natural Resources’ flawed implementation of this climate law is undermining our collective opportunity to act swiftly in the face of frequent damaging and deadly flooding that is a direct result of our overheating planet. The Secretary has failed to adequately review and, if necessary, adopt or update rules by the July 1, 2024, review deadline to ensure the state is on track to meet its January 1, 2025, emissions reduction requirement.”

OnThe state’s consulting firm NV5 says meeting the carbon goals could cost Vermont fuel buyers as much as $4 more per gallon, or about $1000 extra to fill up every 250 gallon fuel tank.

Political analyst Rob Roper noted the huge cost estimates are already leading to disarray during just the initial stages of the Act’s implementation. He also noted that the lawmakers refused on the floor of the House to cap its cost.

“It’s worth remembering here that Rep. Jim Harrison (R-Chittenden) proposed an amendment to the Clean Heat Standard that would have capped any impact the program had on the price of heating fuels at no more than 20 cents per gallon,” Roper wrote.

The CLF however insists that the State must proceed forward despite any economic impact it might have on vulnerable Vermonters. Their release concludes, “The Agency has misinformed Vermonters, relying on flawed accounting modeling that led to an underrepresentation of our forecasted climate-damaging emissions. It has also not involved the public in the review process as required to do so.”

The author is a writer for the Vermont Daily Chronicle


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Categories: Court, Legislation

25 replies »

    • And while you’re at it

      +Vaccines
      +covid shots
      +pesticides
      +poisons and chemicals in the food system
      +lobbyists and representatives on the take
      +political activist (lobbyists) hiding behind non-profits
      +non-citizen voting

      The list is long…..

      Oh, what that last one would refer to the conservation law foundation, who probably has people inside Montpelier writing this crap.

      Yeah, how about we sue them. Let me say there is not much sweeter victory than beating a lawyer in court.

  1. I’m not sure but I believe Vermont is the cleanest state if not it is one of the top three,
    this law firm ( CLF ) is another group of leftist goons, looking for money, by suing the state, as they see the Clean Air Act is failing and most Vermonters know that this is pure BS, hopefully, the courts see through the nonsense !!

    A bogus mandate, brought to by progressives promoting the nonsense, Wake up people.

    • Wait…What? The court ( the GWSA requires that all litigation take place in Washington County) is in on the graft. This lawsuit has nothing to do with Climate Change. The GWSA legislation, written by NGO’s such as CLF was, is and always will be a cash cow for those same NGO’s. The GWSA is the tool to continue, control and profit from Climate Change and whatever the next imaginable threat might be.
      CLF’s actions were engraved in stone long before 2020 and tort actions laid out as this repugnant legislation was being written. To imagine otherwise confirms the public’s ignorance and ability to be coerced and controlled by corrupt politicians and their special interest donors.

  2. Ultimately this is the long term byproduct of the public education system that produces idiots that vote for idiots. The very education system that is soon to bankrupt our state!

  3. Why should the beleaguered taxpayers of Vermont be on the hook for a legal settlement because the unicorn and rainbow liberals in the legislature made feel-good promises that could not possibly be honored? Ultimately, it is those who vote for the idealistic leftists who are to blame.

    • Because the 2020 legislative leadership obfuscated, belittled, bullied and coerced their members into a veto override, AND Because Vermont voters are easily belittled, bullied, coerced and shamed into voting for marxist politicians, hiding behind the cover of liberalism, we shall pay whatever price deemed adequate for “ClimateJustice™” “SocialJustice™” and “Equity™”, by the very colluding and corrupt NGO’s, legislators and judges that wrote the GWSA legislation.
      Perhaps, Rich- you may have heard more about the conflict of interest between senate chair bray and leonine lobbyist maggie lenz? It was reported on VDC, June 26th- but never a follow-up. Kinda odd, eh?
      Certainly ties in with the whole GWSA con being run on Vermont…

    • I am grateful that I will have opportunity to vote against Bray in a few weeks, but alas, most in my district, as you acknowledge: “are easily belittled, bullied, coerced and shamed into voting for marxist politicians, hiding behind the cover of liberalism”.
      It really is truly astounding that virtue-signaling for these people extends even into the privacy and anonymity of the voting booth.

  4. Let the games begin… bring us more Christians.

    This cycle will never end as the children have been trained by the monster of their own creation.

    Now sit back and watch the state plead guilty and fork over a couple of million feeding it a bit more for the next go round…..and there will be more.

  5. I’m sad and angry at what’s become of Vermont. Unfortunately, and at the same time fortunate, I had to move from my beloved state. I voted there for 35 years and if I still lived there I would be supporting representatives that oppose these ludicrous things like the heating issue. How many can afford to retrofit their home to all electric? There are not enough HVAC workers to do it even if everyone could aford it. My last home in Vermont had 3 heating systems. We had a Renai gas heater in the living room. A fireplace insert, and electric baseboards in some other rooms that we rarely used because just a few days a month of elect heat hiked our bill so much. I would be protesting in Montpelier. Are the people going to get involved, attend or zoom in on meetings and demand tax dollars be spent on usefull things or are they going to continue to sit around and play computer games and watch Netflix while their town is over run with drugs, crime and homelessness? Wake up people. Save Vermont.

    • Thank you, Dianna for echoing the sentiment of thousands of Vermonters. You are absolutely right…Save Vermont, Vote Republican!

  6. And heeeeerrrrrreeeee it comes, the next big tax increase to pay for the lawsuit and settlement.

  7. you know maggie lenz will drop chris bray as soon as she has squeezed the last drop of usefulness out of that ding dong senator who cannot even explain his bill and will not take responsibility for his subpar behavior.

  8. Yep of course greedy corporate corruption grabbing money out of our pockets again . Well Vt Leaders you are either complicit or ignorant .You knew when this law was passed this could be an outcome . Well Vermonters what will you finally do when half of your wages are to pay taxes .We are getting close .

  9. Again, Elena Mihaly, attorney and Vice President of the Conservation Law Foundation Vermont, is the daughter of Representative Marc Mihaly (D) Washington-6 district, who recently happened to be the only Vermont politician to openly answer a VDC inquiry to express his support for these ‘climate goals’.

    It’s a Tammany Hall redux. A blatant ‘conflict of interest’. In a more common language vernacular, it’s just another circuitous ‘shake down’ of Vermont taxpayers. Create a regulation taxpayers can’t meet. Assign financial penalties for breaching the regulations. Hire your daughter to sue the taxpayers. Use the proceeds to further State revenues to fund more of the same. Rinse and repeat.

    • Butch Cassidy:
      Then you jump first.

      Sundance Kid:
      No, I said.

      Butch Cassidy:
      What’s the matter with you?

      Sundance Kid:
      I can’t swim.

      Butch Cassidy:
      Why you crazy, the fall will probably kill you.

  10. Good! Let the collusion and conspiracy to commit fraud hit the court bench broadside. Let’s see all the discovery. Let’s see all the emails and receipts behind this fraud. The CLF is an NGO lobbying firm paid to wine and dine legislators to do their bidding. The legislators obliged. The Public Service Board obliged. GMP obliged. What kind of defense do you think the State of Vermont will put up against their fellow co-conspirators?

    Why not take it a step further – the People should file lawsuits against both as the actual injured party. Billable hours – it works both ways. Rope all the crooks into their conjured battle, then hit them both with a class action forcing them to expose their rotten fruit and ill-gotten gains. Any lawyers out there willing or capable of hitting the deepest of pockets?

  11. The burden of proof is on them, right?
    Prove: That geoengineering has nothing to do with weather manipulation (FOIA gov’t).
    Prove: That Vermont’s weather is encapsulated in its own bubble is not influenced by global weather patterns.
    Prove: That the sun’s fluctuations have nothing to do with climate change.
    Prove: That the sun has not been responsible for every bit of historical weather change just in our rear view mirror.
    Prove: That Vermont’s carbon reduction has ANY Influence on ANYONE’s weather… north, south, east or west or on the other side of the planet to us.
    Prove: That carbon is not a building block of life, and therefore trying to get rid of it is in and of itself an anthropogenic extinction event for all life. (Prove its not part of our DNA).

    Prove all of that, and you win, doofuses.

  12. The impeachment process won’t work in Vermont against those that take bribes, money, and perks. The super majority are in the same boat and wouldn’t go against their own. The answer to the corruption has been stated above, file law suits and tie the lobbists and special interest groups / people in litigation and drain their wallets. The longer the process is involved, the more costly it is. Money is a factor in any law suit. That’s the only way to overcome corruption, provided the Courts aren’t corrupt as well.

  13. Rich Lachapelle
    You said: “I am grateful that I will have opportunity to vote against Bray”

    So am I; a lifelong Democrat. Votes, in Addison County, must retire him. Next, his Committee will be debating taxing our gasoline to force us to buy EVs.

  14. Next up, they are going to vote to given the entire employment of state workers big fat raises…

    collective bargaining???

    Oh and you pesky tax payers? Shut up and pay the bill, or we’ll foreclose on your house! How you liking socialism now? On the animal farm, some pigs are more equal than others…..some are just marxist pigs.

  15. Just article just came in and i was also reported by the NY Post as stated. A case in political corruption. This VDC article here also mentions hanky panky. With politicians (some, not all) Dems Piglosi CA and Menendez NJ, have their hands in the cash register. These two are in DC, being politicians, I suspect it goes on in Montpelier. Seeing their legislative actions, they all aren’t pure. Many are in Government because that’s where the money is and allows them to live in VT with a job.

    The article by the Patriot Journal:
    Nancy Pelosi’s Husband Accused of Insider Trading Visa Stock and DOJ Antitrust Suit
    https://pjnewsletter.com/nancy-pelosi-paul-stock/

    I’m so sick of Insider Trading allowed by Congress members, as if they don’t make enough as it is. Proves absolute greed. Making money outside of a salary is like gambling, reduce the ways to lose and all gains are like a score card. It’s the thrill of gambling, being successful. The world’s an oyster shuck it.