Vermont taxpayers will foot the massive bill for legal costs

by Rob Roper

Of course, we knew this was coming. In fact, they told us so. It was one of the very first Behind the Lines stories back on January 30, 2023 (I started this column on January 11^th of that year) that shared the video clip of The Conservation Law Foundation’s Chase Whiting testifying to the Senate Committee on Natural Resources & Energy about a potential lawsuit against the state for failing to meet the mandates of the Global Warming Solutions Act.

Senator Mark MacDonald (D-Orange) practically begged CLF to sue us with his question, “Are you busy with first steps of a possible lawsuit (giddy laughter from fellow senators) that WE WILL NEED (emphasis in original) in the event that we fail to move forward on this?”Subscribe

Whiting responded with a chuckle and probably a wink, but the video only shows the back of his head, “The Conservation Law Foundation is very aware of the requirements of the Global Warming Solutions Act. We are monitoring very closely what is happening in the Climate Council and the Agency of Natural Resources and all the departments and agencies of government and the legislature. We are certainly not taking that option off the table.”

At which point Senator Becca White (D-Windsor), gave him a thumbs up and said, “I like your answer!” Her taxpaying constituents not so much. She reserves a different finger for them.

The Global Warming Solutions Act of 2020, passed by the Democratic and Progressive majorities over the veto of Governor Phil Scott and the Republican minority, states, “ANY PERSON (emphasis added) may commence an action alleging that rules adopted by the Secretary pursuant to section 593 of this chapter have failed to achieve the greenhouse gas emissions reductions requirements pursuant to section 578 of this title.” And that, “In an action brought pursuant to this section, a prevailing party or substantially prevailing party: (1) that is a plaintiff shall be awarded reasonable costs and attorney’s fees….”

So, what your elected representatives did was give legal standing, which otherwise nobody would likely be granted, to anyone one the planet who wants to take you as a taxpayer to court and stick you with not only the legal bills to defend yourself (the state), but also the legal bills of whatever jerk(s) come out of the woodwork to prosecute you. Needless to say, nobody who voted for this lunacy is your friend. Nobody who voted for this is looking out for your interests. Quite the opposite.

Just to emphasize this point, back in 2020 when the GWSA was being passed into law, the Ethan Allen Institute (of which I was then president) conducted a poll through Advantage Inc. that asked if Vermonters supported or opposed the lawsuit provision of the GWSA. 69% of respondents opposed it, 52% strongly so while less than 10% strongly supported it. The self-proclaimed party of “democracy!” left it in the law it anyway.

This could cost Vermont taxpayers millions and millions of dollars in legal bills that we don’t have and will achieve no public benefit whatsoever, serving only to line the pockets of special interest lawyers. Which, truth be told, is the real objective of the provision: it’s a payoff to special interest groups.

Here’s how the scam will work….

First, nobody expected Vermont to meet these GWSA greenhouse gas reduction mandates for 2025, 2030 and 2050. Why? Because they are impossible to meet. For example, the Climate Action Plan insists that to meet the 2025 reduction goals for just the transportation sector Vermont would have to increase the number of electric vehicles (EVs) on our roads from just over 7000 to 27,000. That’s five months from now. Not happening, and it won’t be close.

Vermont only has an estimated 14 percent of the labor force necessary to do the work of weatherizing homes, installing heat pumps, etc. in the thermal sector (home/building heating) necessary to meet the GWSA goals. So again, not happening. Again, won’t even be close.

So, CLF (and others) are handed a guaranteed platform from which to grandstand and fundraise off of their lawfare. In fact, the lead pitch on CLF’s Vermont webpage is already “Help CLF Take Polluters to Court.” Suckers will fill their coffers with big bucks while the state/taxpayers ultimately cover the cost of their shakedown, er, suit. Cha ching!

Well, the day has come for cashing in this legislative lottery ticket!

On July 23, 2024, the Conservation Law Foundation officially announced, CLF Files Notice of Lawsuit with Vermont Agency for Failure on Climate Law. Now this suit focuses on a challenge to the choice of modeling program the Agency of Natural Resources is using to measure greenhouse gas emissions, and a claim that the Agency has not held legally required public meetings. These are pretty fringy issues made on pretty flimsy arguments, which indicates to me there are going to be A LOT of lawsuits over A LOT of minor as well as major issues costing Vermont taxpayers A LOT of money between now and 2050.

All this is precisely why when Vermont Republicans launched their GET REAL 2024 campaign platform last Spring, the very first bullet point – G. Global Warming Solutions Act Reform – specifically states, “Remove the provision allowing anyone to sue the state at taxpayer expense.” Because, duh!!! Why would anyone with half a brain voluntarily and unnecessarily place themselves in legal and financial jeopardy? Or vote for someone who does this to us?