Conservation Law Foundation says Vermont failed to use correct emissions modeling, asks court to order ANR to adopt rules under GWSA

BURLINGTON, Vt. — The Conservation Law Foundation told the House Energy and Digital Infrastructure Committee on Thursday, Feb. 27, that it has sued the Vermont Agency of Natural Resources (ANR), alleging ANR used flawed greenhouse-gas modeling and therefore failed to adopt or update rules required by the Global Warming Solutions Act.

CLF senior attorney Jenny Rushlow said the suit focuses on section 5 94 of the GWSA, the statute's citizen-suit provision, and on ANR's statutory duty under section 5 93 to review emissions progress and adopt rules where required. “The citizen suit provision in the GWSA is very limited,” Rushlow said during testimony. “What it does is two things. It allows any Vermonter to sue the Agency of Natural Resources ... if they fail to adopt rules by the required deadlines, and if the rules they adopted don't result in the necessary level of reductions.”

Why it matters: The GWSA sets statewide emissions-reduction targets with statutory review points, including 2025. CLF argues ANR's modeling shows Vermont is not on track to meet the 2025 deadline and that, because ANR…