The Vermont Statehouse

A bill nearing completion will soon give the public much more say in environmental enforcement actions in Vermont.

Historically in Vermont, agencies and violators of environmental laws have often negotiated resolutions behind closed doors without notice to affected members of the public. The results have often been weak penalties and ineffective remedial action by polluters, a problem which Conservation Law Foundation has long worked to correct.

Vermont’s exclusion of the public from environmental cases was not only bad policy, but contrary to the requirements of federal environmental law, as pointed out by the U.S. Environmental Protection Agency (EPA) and Vermont Environmental Division Judge Thomas Durkin.

The issue is also part of CLF’s petition asking the EPA to revoke delegated authority for the state to administer the Clean Water Act unless shortcomings in the program are corrected.

Last year, CLF and Vermont’s Agency of Natural Resources, which helped draft the bill co-sponsored by Rep. Tony Klein and Rep. David Deen, brought the issue before the Vermont Legislature. A long effort in the House, including many versions of the bill and testimony from a wide variety of interests in two committees, paid off in a 109-25 vote of support.

This year, the second of Vermont’s legislative biennium, the work was taken up in the Vermont Senate by Sen. Ginny Lyons’ Natural Resources and Energy Committee. Another round of rigorous review by legislators resulted in broad support for the bill, which won final support on a voice vote Thursday after Tuesday’s roll call of 27-2.

If the bill moves on to be signed by Gov. Peter Shumlin as anticipated, Vermont will not only come into compliance with federal requirements, but it will help make sure that environmental cases are fairly and thoroughly dealt with, including consideration of evidence, where deemed worthwhile by a judge, from those affected by pollution.

The measure goes beyond federal programs like the Clean Water Act – it offers the same opportunity for public participation in state environmental cases as well.

CLF was helped in its work on the issue by the Vermont Law School’s Environmental and Natural Resources Law Clinic, by members of CLF’s Vermont Advisory Board and by fellow environmental organizations, in particular the Vermont Natural Resources Council. Furthermore, as the bill was worked on and considered, some companies and industry groups who originally opposed the measure came to support its passage, helping to secure support by wide margins in both houses of the Vermont Legislature.