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Lawmakers review H.632 provision to let Vermont use emergency rules when federal rollbacks disrupt state programs
Summary
House Government Operations & Military Affairs reviewed a section of H.632 that would add federal-repeal or -amendment as an additional basis for emergency rulemaking so state agencies can temporarily preserve programs that rely on federal rules; counsel and the agency cited the EPA 'endangerment finding' and the Supreme Court's rollback of Chevron as motivating examples.
Deputy Commissioner Neil Kamen of the Department of Environmental Conservation told the House Government Operations & Military Affairs Committee on Feb. 17 that parts of H.632 are meant to close gaps when federal rule changes would otherwise prevent Vermont agencies from implementing state law. "If the federal rule gets rescinded or abrogated, as long as Vermont continues to publish the federal rule provisions so that they're available for Vermonters, that the rule sticks," Kamen said.
The provision discussed would add a new, limited basis for agencies to invoke emergency rulemaking under the state's Administrative…
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