By Guy Page
As permitted by a controversial state law, the Conservation Law Foundation (CLF) announced yesterday it will sue the State of Vermont for failing to meet carbon emissions reduction benchmarks.
CLF is a Montpelier-based advocacy group with a 50-year-track record of filing suit on environmental issues. The announcement led opponents of the carbon emissions mandates to call for the repeal of the 2020 law that created them, the Global Warming Solutions Act.
In a letter sent July 23 to Agency of Natural Resources Secretary Julie Moore, CLF says ANR failed to meet the July 1 2024 deadline to review whether the State is on track to meet 2025 greenhouse gas emissions, adopt rules to ensure the emissions are met, and hold hearings “in areas and communities that have the most significant exposure to the impacts of climate change, including disadvantaged, low-income, and rural communities and areas.”
The 2020 Global Warming Solutions Act (see pg. 4) sets three carbon emission reduction goals: 25% by 1/1/2025, 40%, by 1/1/2030, and 80% by 1/1/2050. The GWSA specifically grants the right of lawsuit for failure to adopt the necessary rules (pg. 20): Any person may commence an action based upon the failure of the Secretary of Natural Resources to adopt or update rules pursuant to the deadlines in section 593 of this chapter.”
Furthermore – perhaps anticipating wayward or foot-dragging rule-making by the Scott administration – CLF reminded Moore that the Legislature alone controls the regulatory ruling arising from the GWSA, quoting state law that says “The General Assembly may repeal, revise, or modify any rule or amendment to any rule, and its action shall not be abridged, enlarged, or modified by subsequent rule.”
The GWSA merely mandated the carbon emission goals. The 2023 Affordable Heat Act of 2023 established the framework for the Public Utility Commission to design a Clean Heat Standard for approval by the Vermont General Assembly in 2025.
The state’s Clean Heat Standard website states: “The Clean Heat Standard is intended to be the mechanism that facilitates thermal sector greenhouse gas emissions reductions as defined in the Global Warming Solutions Act of 2020 (GWSA) by creating a market incentive and programs that reduce Vermont’s residential, commercial, and industrial thermal sector greenhouse gas emissions. The thermal sector primarily consists of heating and hot water for Vermont’s buildings.”
Developing the framework for requiring fuel dealers to pay extra to sell fossil fuels and diverting the proceeds to renewable power and thermal efficiency has proven more difficult and time-consuming than predicted by its supporters (but as difficult as predicted by its critics).
But CLF is not interested in the state’s rationale for delays.
“The Global Warming Solutions Act was not a suggestion. This critical legislation ensures we are on a path to cut carbon pollution because future generations deserve to enjoy the Vermont we love right now,” said Elena Mihaly, Vice President of CLF Vermont.
Last session, Rep. Mark Higley (R-Lowell) sponsored a bill to repeal the Global Warming Solutions Act. The pending lawsuit underscores the need for the Legislature to act, said GWSA foe Alison Despathy of Danville.
All possible roads for state mandated carbon emission reductions result in increased costs for Vermonters for basic necessities,” she told VDC this morning. “Without meeting these unrealistic and destructive carbon reductions emission requirements then as we see here with this recent announcement by CLF, Vermont will be sued and the taxpayers will be burdened with legal fees.
“Instead of spending money on Vermont and Vermonters – roads, housing, services – Vermonters money will go to lawyers and Vermont will be forced to pass destructive ‘punish and penalize’ laws as we are currently experiencing.
“Vermont must repeal the GWSA and develop a plan that serves both the people and environment of Vermont,” Despathy said.