All of those who love the peace and quiet, clean water, clean air, and abundant wildlife in the Vermont back-country are applauding the decision by Vermont Agency of Natural Resources officials to reverse course on an agency rule that would have allowed ATV clubs to crisscross and fragment Vermont state lands with ATV trails.  This decision should help protect state forests and wildlife preserves from often-destructive, high-impact motorized activity and maintain Vermont’s longstanding tradition of sound public land management.

ATVs are powerful machines that can churn up sensitive wetlands, destroy wildlife habitat, and create noise, air, and water pollution in sensitive forest environments

Since the previous administration of Governor James Douglas moved forward with this flawed rule that would have opened all state lands to ATV trail construction, CLF has been working with a coalition of organizations and concerned citizens to prevent the rule from taking effect.  CLF offered testimony that helped sway a legislative committee to unanimously object to the rule.  When the Douglas Administration moved forward with the rule over legislative objection, CLF filed a lawsuit challenging the rule’s validity.  In the Agency’s press release announcing the decision to abandon the ATV rule, Secretary Markowitz specifically referenced CLF’s lawsuit as a factor in the decision not to move forward:

“Markowitz said ‘in 2009, [Vermont's] Legislative Committee on Administrative Rules voted unanimously to object to the ATV rule. They strongly believed that ANR did not have the power to adopt the regulation. Because we cannot point to clear authority to adopt this rule, the regulation is vulnerable to legal attack, with little likelihood of prevailing in court.’ The rule has been challenged in the Washington County Superior Court by the Conservation Law Foundation (CLF). Markowitz states, ‘it does not make sense to try to defend the ATV rule in court given that LCAR has already determined that no authority to adopt the rule exists.’ 

CLF knows that this important victory is not the end of the struggle to protect our public lands from being overrun with ATVs. The ATV clubs are well-organized and well-funded by manufacturers who push hard to open up public lands to ATV use so that they can expand the recreational market for these gas-guzzling machines.  Agency officials are also hinting that some limited access might be granted in the future. With your support, we will keep working to keep our forests free of the pollution and habitat fragmentation that ATVs bring in their wake.

As you may know, in 2009, the Douglas Administration adopted a controversial rule allowing ATV use on state lands. ATV use damages trails, degrades fragile ecosystems like wetlands, threatens the safety of wildlife and fragments sensitive habitats. These consequences radically alter the backcountry experience – an integral part of Vermont’s culture and economy. Since the adoption of this rule, CLF and a coalition of citizens and partner organizations have been fighting to restore the protection of those lands from the environmental damage and public safety risks posed by increased ATV use.

The Good News…
Last month, Governor Shumlin’s new leadership team at Vermont’s Agency of Natural Resources (ANR) took the first steps toward repealing the 2009 rule! Their proposed new rule will repeal the 2009 one allowing ATVs on state lands.

The Not-So-Good News..
The Agency of Natural Resources has come under immense pressure from pro-ATV groups to uphold the devastating rule. The constant and relentless criticisms from these groups are raising the potential for it to stand. Vermont and ANR still need your support!

What You Can Do…
1. Submit an official comment to Vermont’s Agency of Natural Resources before May 3rd telling them to withstand the pro-ATV group criticism and follow through on the campaign-trail promise to repeal the 2009 rule. Please note that this date is a change from the original deadline of May 7th. Submit your comment now.

2. If you can, join us at a public hearing on April 26 at St. Leo’s Hall in Waterbury from 7-9 p.m., and make your voice heard. For directions, click here.

Since the Douglas Administration’s controversial 2009 rule allowing ATV use on state lands, CLF and a coalition of citizens and partner organizations have been fighting to restore protection of state lands from the environmental damage and public safety risks posed by expanded ATV use.  In an exciting development last week (you can read about it here and here), Governor Shumlin’s new leadership team at Vermont’s Agency of Natural Resources took the first steps toward putting the brakes on the 2009 rule by starting a new process to repeal the ATV Rule.  CLF needs your help to ensure that Governor Shumlin and Secretary Markowitz follow through on this important campaign-trail promise and withstand the pressure from ATV clubs.

• Call the Governor and Secretary Markowitz and leave a message thanking them for starting the process to restore protections for sensitive state lands and ask them to follow through by reversing the Douglas Administration’s ATV Rule

Governor Peter Shumlin’s Office: 802-828-3333
Secretary Deb Markowitz’s Office: 802-241-3600