On October 15, 2025, the Vermont Natural Resources Council (VNRC) and other nonprofit partners submitted a letter to the Scott Administration expressing deep concern that provisions in a recent Executive Order (EO 06-25) instruct several state agencies to take actions which they do not have authority to take. 

The letter states that while all of our organizations strongly support more housing for Vermonters – including more affordable housing – solving this problem must not entail violating the rule of law. Governor Scott’s recent Executive Order directly undermines the authority of the legislature and the separation of powers as established in Vermont’s Constitution. The Governor and state agencies can’t ignore or change state laws and rules they disagree with by issuing and implementing an Executive Order.

The organizations called on the Agency of Natural Resources (ANR), the Department of Public Service (Department) and the Land Use Review Board (LURB) to make a determination that there is no statutory authority to implement the sections of the EO identified in the letter. Further, the agencies must not act on implementing these provisions until any necessary statutory or rule changes have been adopted. Read the full letter in the PDF document below.

The letter states that:

• ANR does not have the legal authority to alter or repeal provisions of Vermont statute and the Vermont Wetland Rules (VWRs) that provide for the protection of all unmapped wetlands in the areas identified in the EO and, by fiat, reduce the protective wetland buffer zones in these areas. 
• The Department of Public Service does not have the authority to implement provisions which tell developers they can ignore the most recent energy codes and use outdated codes instead.
• ANR, the Department, and the Land Use Review Board do not have the authority to expedite action on certain permits, and unilaterally change fees. 

The legislative and rulemaking processes are vital to providing checks and balances to the adoption of laws and rules, and this Executive Order from Governor Scott directly usurps the rule of law, the authority of the legislature, and the public process, and therefore undermines the rights of all Vermonters. 

Here at VNRC, we understand that there are critical housing needs in Vermont, and we have worked closely with the legislature and Governor’s office to pass sweeping legislation to promote more housing. But when the Governor’s office advances significant changes to existing state laws and rules without due process, we must oppose it.

If this illegal overreach is allowed to stand, there’s nothing to stop this Governor—or the next one—from doing it again, on any issue, with even more damaging consequences.

To find out how this issue progresses, stay updated in our newsletters and on our social media, and we encourage you to like and share our posts to spread the word. 

Stay tuned,

The VNRC Team

P.S. The partner organizations on this letter are: Vermont Natural Resources Council (VNRC), Conservation Law Foundation (CLF), Sierra Club – Vermont, Vermont Conservation Voters, Vermont Public Interest Research Group (VPIRG) and ACLU of Vermont.