An environmental group has made good on its threat to sue the State of Vermont for allegedly not doing enough to reduce carbon pollution.
The Conservation Law Foundation accuses the Agency of Natural Resources of not taking the steps necessary to ensure that Vermont is on track to reduce its greenhouse gas emissions as required under the state's 2020 Global Warming Solutions Act.
Natural Resources Secretary Julie Moore claims the state is likely to meet its 2025 emissions target, which is 26 percent below the 2005 level.
The environmental group argues this claim is based on modeling that is “technically and mathematically insufficient.” Honest modeling “shows that Vermont is not, and by a significant margin, on track to achieve the 2025 Reduction Requirement,” the group claimed in its suit, filed Tuesday in Washington County Superior Court.
“Vermont families and businesses are still reeling from repeated deadly storms and flooding. Climate change is here and it’s time for transparency, honesty, and immediate action,” Elena Mihaly, vice president of Conservation Law Foundation Vermont, said in a statement.
CLF informed the state in July of its intent to sue, but state officials have not participated in settlement discussions. Mihaly told
Seven Days this left her organization little choice but to sue.
“We received notice of CLF’s lawsuit and will review it. We intend to defend the Agency of Natural Resources,” Attorney General Charity Clark said in a statement.
CLF is now asking a judge to order the state to issue rules that will ensure the state meets the 2025 requirements, which are approaching fast. It also asks for attorneys fees and “further relief that the Court deems equitable and just.”
Gov. Phil Scott pledged in 2017 that Vermont would abide by the Paris Agreement despite former president Donald Trump’s decision to withdraw. The accord, signed by 196 nations, sought to require emissions reductions sufficient to limit the earth’s temperature increase to 2 degrees Celsius above pre-industrial levels, or lower.
Scott opposed the 2020 Global Warming Solutions Act, however, in part because it turned his non-binding pledge into a legal requirement, and allowed people to sue the state if the state was missing the targets.
Even Moore acknowledges that the state is on track to fall well short of meeting its 2030 goal, which is to get emissions down to 40 percent below 1990 levels.
In its suit, CLF argues that by not taking more aggressive regulatory action now, such as increasing incentives for installation of heat pumps or the purchase of electric vehicles, the state will be forced to take more dramatic action to hit the 2030 targets. It also says Moore ignored requirements in the law to hold public hearings about the approaching deadline.
In a letter explaining her decision not to take more aggressive action, Moore noted that in 2022, the state imposed the most significant restriction of vehicle emissions in its history, passing two rules — the Advanced Clean Cars II and Advanced Clean Trucks regulations.
The rules will require that an ever-increasing share of the new cars and light trucks sold are to be electric, until reaching 100 percent in 2035.
Efforts to clean up the heating sector in Vermont, which relies heavily on fossil fuel and wood burning, have been challenging to implement. The issue will likely become a flashpoint in the Statehouse again next year as lawmakers debate the cost and wisdom of the Clean Heat Standard.
The complex law will require companies selling heating oil, natural gas and propane to invest in cleaner heating projects or pay fees meant to fund that work. Supporters say it will help people save money by freeing them from volatile fossil fuel costs. Critics note that the inevitable increase in fuel prices will hurt those who can't or don't want to switch to cleaner heating fuels or systems.
CLF’s critique of the state's modeling mirrors that of Jared Duval, a member of the Vermont Climate Council who has noted the state's own consultants have acknowledged their work was not intended to be used to predict compliance with the law.
State climate officials have said they are always trying to improve their modeling but the science is complex.