Commentary

Koch: Brainless law allows anyone to sue the state

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by Tom Koch

Once upon a time—when I was a member of the Legislature and began writing “Scribblings” in an effort to maintain communication with the voters of Barre Town—I tried to keep “Scribblings” non-partisan.  True, I did not hesitate to make it clear where I stood on any given issue, but I tried not to do so on a partisan basis.  I believed that my job was to represent the people of my district—Barre Town—whether they had voted for me or not. And occasionally there were people who said that I failed to keep things non-partisan, and perhaps their criticism was accurate, but I know that I tried.

Well, that was then.  Now is now.  I am no longer an elected representative, just another citizen with plenty of opinions to share.  Some of what I have to write may be, in fact, from a non-partisan point of view; some may have a political slant.  The point is: I make no promises, and if I do write from a partisan point of view, I won’t be flashing any amber caution lights.  So let us begin.   


Of all the brainless things the legislature did in recent years when there was a supermajority that freely overrode Governor Scott’s vetoes, perhaps the most senseless was the provision in the Global Warming Solutions Act that allows absolutely anybody to bring suit against the state, at state expense, for failure to attain the arbitrary and unattainable mandates established in the Act.

It is no surprise, then, that the Conservation Law Foundation, which is proficient in bringing lawsuits, has taken the state up on its offer.  The case is pending while lawyers on both sides run up their bills with discovery and motion practice. And once the lawyers have milked the case for whatever it’s worth, the result is foreordained: if it actually goes to trial, the state will lose, because it is clear that the state has not fulfilled its mandates as of this year; more likely, the parties will enter into a settlement in which the state agrees to “do better” and the Conservation Law Foundation walks away with a few million dollars of taxpayer money.

All this was apparent during the political campaigns last fall.  It is one of the reasons why Republicans gained 19 seats in the House and 6 in the Senate.  Clearly, the voters sent a message.  Among other things, they wanted this expensive and needless provision repealed.  But did the legislature get the message?  Did they even vote on repealing the provision in question?  Of course not!  But why not?

The simple answer to that question lies in the fact that the chair of the Senate Natural Resources Committee is Senator Anne Watson of Washington County.  She refuses to take up any bill that proposes to repeal the “sue us, please” provision.  In fact, she has recently defended it as being useful “where you have a governor obstinate against climate goals.”  So she blames the state’s failure to attain the pie-in-the-sky mandates on Governor Scott and suggests that the Conservation Law Foundation is actually helping us to save the world!

In November of 2026 the voters need to give Senator Watson a personalized message that reads “You’re fired!”  Maybe that’s a message she’ll understand.


In furtherance of that mission, the Washington County Republican Committee and the Washington Senatorial District Republican Committee are sponsoring a Mid-Summer Rally, Social Time, and Fundraiser this coming Sunday, July 13, at the American Legion Hall on North Main Street in Barre.  

Please take a look at the info sheet that follows, and consider joining us.  We fully expect it to be a great time!  I have tickets, and I’d be happy to sell them to anyone who contacts me at TomKochVT@gmail.com.  I hope to see you next Sunday!

PLEASE JOIN US!

FOR A MID-SUMMER RALLY 

Social Time and Fundraiser

Sunday, July 13, 2025—1:00 to 5:00

At the American Legion—320 N. Main St., Barre

Pulled Pork, Mac ‘n Cheese, and a variety of

Salads by Jockey Hollow Deli and Caterers

Appetizers and Dessert

Speaker: Senator Scott Beck

Senate Republican Leader and Member of the 

Conference Committee on Education Finance Reform

 Identification of Potential Candidates

Special Guest: Governor Jim Douglas

Tickets: $50.00 per person/$30.00 persons 40 and under 

Author is a former member of the Vermont House of Representatives from Barre Town.


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1 reply »

  1. Alas we here in Washington Co. throw a lot of shade at the legislators from Chittenden Co. but the truth is that our’s are just as bad. This abomination may indeed be the brain fart of Senator Watson, but she didn’t pass it alone. For the contempt that she, and every other clown under the Golden Big Top show “we the people” they need to feel the wrath of disgruntled voters. Vote them all out, and send them back to where they came from !