Montpelier —Vermont Natural Resources Council (VNRC), Conservation Law Foundation (CLF), Sierra Club – Vermont Chapter, Vermont Conservation Voters (VCV), Vermont Public Interest Research Group (VPIRG), and ACLU Vermont have received responses from state agencies that confirm our position that portions of Governor Scott’s Executive Order (EO) 06-25 are unconstitutional and unlawful.
In response to the organizations’ October 15th letter, Vermont’s Land Use Review Board (LURB) and Agency of Natural Resources (ANR) raised questions to Governor Scott about their legal authority regarding certain provisions, and indicated that the Vermont Legislature would need to change laws or the agency would need to update regulations to legally implement key aspects of the EO.
The Department of Public Service (DPS) has not responded to the concerns raised by the nonprofit coalition regarding the Department’s authority to unilaterally alter legally adopted energy codes.
In order to ensure that the Governor’s Executive Order is not unlawfully implemented, the nonprofits today issued a follow-up letter demanding that ANR, the LURB and DPS clearly address all of the questions around the authority of provisions of the EO that relate to their jurisdiction by December 3rd, 2025.
See the November 19th letter from the nonprofits to the ANR, the LURB, and DPS here.
“Everyone wants to address the housing crisis, but we must operate within the bounds of the Vermont Constitution. We were glad to see the Land Use Review Board and Agency of Natural Resources acknowledge they cannot unilaterally implement the illegal provisions in the Governor’s executive order,” stated Lauren Hierl, Executive Director of VNRC.
Hierl added, “We are seeking clarification that the Department of Public Service is not overstepping its authority by ignoring the state’s current energy codes. Governor Scott was wrong in putting out an unlawful executive order that has taken time and effort away from collaborative work we should be doing to develop meaningful housing solutions that Vermonters can count on.”
“More housing is essential, but it must be pursued in a way that respects, not sidesteps, the public’s right to meaningful participation in shaping the rules,” said Elena Mihaly, CLF Vice President for Vermont. “We’re grateful to the agencies that took our concerns seriously, and we remain committed to working together on approaches that build the housing we need while honoring the legal processes and environmental protections our communities rely on.”
In addition to the questions related to the legality of the Executive Order, the organizations are concerned that the EO is weakening protections for wetlands that are important to reduce flood impacts in Vermont downtowns – an increasing concern for many communities. The EO also rolls back energy efficiency requirements that could save Vermont homeowners money in the long term. It also reduces fees without examining impacts on the ability of state government to fund crucial services, such as adequate staffing to issue permits. It is noteworthy that the Scott Administration has not produced a bill to adjust fees once in its nearly ten years in office in violation of Vermont law.
VNRC, CLF, Sierra Club – Vermont Chapter, VCV, VPIRG, and ACLU Vermont have actively supported numerous housing bills and housing investments in recent years which will have a significant impact on growing housing in Vermont – including the HOME Act of 2023, Act 250 modernization (Act 181 of 2024), increased funding for the Vermont Housing and Conservation Board, and more. A number of these organizations are working closely on effective implementation of these groundbreaking laws right now.
“Our organizations have worked with Governor Scott’s administration and other stakeholders to advance housing, and we stand ready to continue working on additional solutions that create more housing while ensuring a healthy environment and resilient communities,” added Hierl.
Read the official response to Governor Scott from the Land Use Review Board here.
Read ANR’s guidance document here.
Read VNRC, CLF, Sierra Club – Vermont Chapter, VCV, VPRIG, and ACLU-Vermont’s November 19th letter here: