Tuesday, December 20, 2011

Vermont Environmental & Land Use Law, December 20, 2011

photo by cudmore on Flickr

Shumlin releases final, “scrubbed” version of Comprehensive Energy Plan, vtdigger.org
Vermont’s Comprehensive Energy Plan is final. But that’s just the beginning. With the official goal of meeting 90 percent of the states energy needs from renewable sources by mid-century, meeting that ambitious target is the hard part.

The state currently receives about 25 percent of its energy from renewable sources. Despite a legislative mandate, it has been more than a decade since the state produced a comprehensive energy plan. Now, three months, thousands of comments and more than 18 meetings later, the final version is out.

At a press conference Thursday, Gov. Peter Shumlin, Agency of Natural Resources Secretary Deb Markowitz and Commissioner of the Department of Public Service Elizabeth Miller fielded questions on the more contentious recommendations in the plan.

Shumlin emphasized the importance of shifting to a more diverse portfolio of renewable sources of energy. He accented the importance of creating more “green” jobs in the state.

Irene rains on Vermont state budget, The Burlington Free Press
The Shumlin administration is proposing $25.5 million in adjustments to the General Fund spending plan that lawmakers approved in the spring, with $24.8 million of the new costs attributed to Tropical Storm Irene.

A year ago, the administration asked for about $6 million in General Fund budget changes.

Finance Commissioner James Reardon said this year’s extra costs could be covered from savings, improving tax revenues and reserve funds — but without tapping the state’s $58 million stabilization account commonly called the Rainy Day Fund or asking for any tax increase.

“It is better news than we originally thought, but there is still a lot to be concerned about,” Reardon said during a media briefing. The administration’s budget adjustment proposal, which Reardon began detailing to the House Appropriations Committee on Monday afternoon, “makes huge assumptions about what we think we will get from insurance and from the Federal Emergency Management Agency.”

Reardon said there are other uncertainties that also could change the current budget, such as how much the federal government provides for low-income heating assistance and any costs associated with the interim plans the Shumlin administration settles on to replace the now-closed state psychiatric hospital building.

VEDA approves $5.6 million in business and agricultural financing, vermontbiz.com
The Vermont Economic Development Authority (VEDA) has approved $5.6 million in business and agricultural financing, helping to leverage enough private investment to support economic development projects totaling $13.4 million.

“VEDA is pleased to help support the expansion and start-up plans of these businesses and farms,” said Jo Bradley, VEDA’s Chief Executive Officer. “These small business, technology and agricultural investments will help stimulate economic activity and create jobs in Vermont.”

Vermont delegation continues opposition to Keystone pipeline, vermontbiz.com
The Republican leadership in the US House early Sunday walked away from a deal on extending a payroll tax cut as part of a larger spending package that was also tied to the controversial oil pipeline from Canada to Texas. The US Senate on Saturday approved a bill 89-10 with bipartisan support that includes fast-tracking the controversial KeystoneXL tar sands oil pipeline to an extension of the payroll tax cut. Vermont Senators Patrick Leahy and Bernie Sanders, as well as Representative Peter Welch, have long opposed the Keystone project and have strongly supported the payroll tax cut extension, but object to "holding Americans' tax rates hostage," as Leahy called it, to the tar sands project and to House leaders' insistence on linking them in this bill.

Sanders said in a statement: "I strongly oppose the provision to fast-track approval of the Keystone XL pipeline. Producing tar sands oil creates 82 percent more carbon pollution than conventional oil, according to the Environmental Protection Agency. NASA scientist James Hansen says exploiting the tar sands would be ‘game over' for our efforts to reverse global warming. I urge President Obama to call the Republicans' bluff and reject the dangerous Keystone XL project."

In a letter to the President, Welch writes, "We strongly oppose an expedited review process and urge you to reject the tar sands pipeline project because of the unnecessary and inappropriate short circuiting of the review process."

At the urging of Welch and others, the State Department Inspector General recently opened an investigation into possible conflicts of interest in the pipeline review process.

Not rebuilding after Irene, WCAX
As Vermont continues to rebuild from Tropical Storm Irene, some property owners have decided not to rebuild.

Hundreds of Vermont homes were damaged or destroyed in the August flooding. And in some cases the chances of repeat flooding makes it too risky to rebuild in the same place. As a results, dozens of Vermonters are expected to apply for a federal program to buy-out their property.

It's called the Hazard Mitigation Program and the rules are complicated. So it's unclear how many homeowners might qualify for the program.

Officials examine Irene's long-term effect on rivers, Brattleboro Reformer
About 40 people came out to a special meeting Tuesday to hear about what the storm did to Vermont's rivers, and how towns and property owners can better prepare for future flooding.

The meeting was hosted by the Brattleboro Conservation Commission, and included presentations by Windham Regional Commission Executive Director Chris Campany, Vermont Watershed Coordinator Marie Levesque Caduto, and Connecticut River Watershed Council River Steward David Deen.

Levesque Caduto said humans have been building structures and roads close to rivers for decades, but she hopes the widespread destruction of Tropical Storm Irene forces developers and legislators to take a more critical look at the regulations that allow the development, which ultimately will succumb to future floods.

"When the river moves, we put it back, and we feel protected for a while," she said. "Every time we go through the same cycle and we spend more and more money on things that will eventually be destroyed."

Levesque Caduto showed graphic photographs of where rivers were before the flood, and how they moved following Irene.

In many instances the worst damage occurred in places where the river was altered over time by roads, property development and gravel extraction.

Future floods are inevitable, she said, and the only way to preserve buildings, and lives, is by making smart choices now on how development should proceed following the floods of 2011.

"It is not worse because of where the river is. It is worse because we are there," Levesque Caduto said. "We are destroying the equilibrium. We have very short memories."

Monday, November 28, 2011

Vermont Environmental & Land Use Law, December 8, 2011


Photo by fwithclass44 on Flickr

Vermont updates Irene damage estimates, could cost state $100 million, vermontbiz.com
Today Secretary of Administration Jeb Spaulding and Irene Recovery Officer Neale Lunderville released updated information, damage, and cost estimates for Tropical Storm Irene. This update reflects Congressional waivers of the $100 million cap and 180-day emergency work limit for the Federal Highway Administration (FHWA) Emergency Relief (ER) program, as well as a compilation of smaller changes.

Both the best and worst case models show the waivers for FHWA and the anticipated 90% cost share for FEMA Public Assistance. The principal differences between the models are the low and high range of damage estimates to the Federal-Aid Highway System ($175-250 million range), and an unresolved question about reimbursement for certain Emergency Management Assistance Compact (EMAC) costs. Both scenarios add new information and cost estimates as outline below.

“We continue to monitor estimates daily and will update these figures every three to four weeks,” said Secretary Spaulding.
NRC to review Vermont Yankee repair mistake, Burlington Free Press
A spokesman for the federal Nuclear Regulatory Commission says it will review an incident at the Vermont Yankee nuclear plant in which one of the plant's emergency backup diesel generators was down for service and a plant technician mistakenly shut down the other one as well.

The NRC's Neil Sheehan says both generators were out of service for about 2 minutes on Friday after a technician sent to work on one disconnected the other from its fuel supply.

Sheehan says the plant continued to operate normally during the incident. The generators are used if a general power outage causes the nuclear plant to lose power from the electric grid. But Sheehan says Vermont Yankee has other backup systems as well, including batteries and a tie to a nearby hydroelectric dam.
Vermont sugar makers to share $54,000 in federal grants, Burlington Free Press
ST. JOHNSBURY — Five maple syrup producers in Vermont will share nearly $54,000 in federal grants to make their operations more energy efficient and competitive.

The funding from the Rural Energy for America Program administered by the United States Department of Agriculture will allow the sugar makers to install reverse osmosis systems. Those systems remove water from the sap before it’s boiled into syrup, reducing the amount of energy used.

The amount of the grants range from $24,000 to $2,000. Officials say the REAP grants can finance up to 25 percent of a project’s cost, up to $500,000 for renewable energy systems and $250,000 for energy efficiency improvements.
Vermonters mull rerouting rivers after Irene, WCAX
(AP) - Vermonters are finding some rivers rerouted by the floodwaters of Tropical Storm Irene, and it not clear whether putting them back on their original path is the best idea.

The Burlington Free Press (http://bfpne.ws/tL4c9O ) says the issue has come up in several places. North of Rutland, the East Creek was clogged with mounds of debris which some residents fear will cut off the road and threaten three dams and the Chittenden Reservoir with the next heavy rain.

Local residents who led Gov. Peter Shumlin on a tour of the storm-altered creek recently asked him to clear out the debris and fix the creek that Irene rerouted.

But Todd Menees, a state river management engineer, urges caution. Menees says clearing the way in one spot could cause further damage downstream by increasing the river's flow.

Post-Irene, new consideration given to culvert sizes in Vermont, Burlington Free Press
MONTPELIER -- Culverts don't get much notice until they back up in heavy rains and cause damage to roads or other property. After the flooding triggered by the remnants of Hurricane Irene, they're getting plenty of attention in Vermont now.

New consideration is being given to whether culverts -- the manmade channels that carry water under many roads -- need to be larger to accommodate not just flood waters, but the silt and debris they often carry.

The Vermont Agency of Transportation standard for culverts under town roads is that they should be able to withstand the biggest flood expected to occur in a 25-year period. The Agency of Natural Resources uses a different standard, calling for a larger culvert. It says they should be 1.2 times the maximum width a stream reaches on a yearly basis.

"Within the state of Vermont there are two different culvert standards. There needs to be a conversation about why that is," said Mary Russ, executive director of the White River Partnership, a regional group that seeks to protect the Connecticut River tributary.

There actually are three standards within the Transportation Agency itself, Richard Tetreault, the agency's director of program development, said in an interview Thursday. The 25-year flood standard is for town roads. Culverts under state highways are built to withstand a 50-year flood, and under the interstates, they are built for a 100-year flood.

Flood relief bill signed into law, Burlington Free Press
President Barack Obama signed into law Friday a bill whose provisions on emergency aid drafted by Sen. Patrick Leahy, D-Vt., may save Vermont many millions of dollars, Leahy's office said.

"Leahy's provisions and funding will save Vermont tens of millions or perhaps even more than a hundred million dollars, depending on what the eventual repair tab becomes, and (Gov. Peter) Shumlin, the Legislature and all concerned have made clear that these Leahy provisions are by far the most important relief that Vermont needs after Irene," Leahy communications director David Carle said in an email Friday.

The bill was also supported by Sen. Bernie Sanders, I-Vt., and Rep. Peter Welch, D-Vt. It replenishes the government's transportation emergency fund and provides for cost waivers that will aid in road and bridge repair.

Portions of central and southern Vermont were devastated Aug. 28 by Tropical Storm Irene, which caused some of the worst flooding in the state's history.

Towns Begin To See FEMA Funds As Irene Repairs Continue, VPR
(Host) Cities and towns across Vermont have begun to receive checks from FEMA to help them repair Tropical Storm Irene damage. The amounts are just a drop in the bucket for many communities. But as VPR's Kirk Carapezza reports, town officials are struggling to pay for multi-million dollar repairs, and they're happily taking the money.

(Carapezza) Irene's floodwaters washed out gravel roads and destroyed bridges that provide access to the 800 homes in Halifax. Christina Moore is the project manager for the town near the Massachusetts border. She says the town suffered at least $7 million worth of damage.

(Moore) "The town of Halifax has an annual budget of roughly $800,000, and we've been stretching that $800,000 to pay for these damages. So seeing any movement from FEMA is just good news for us."

(Carapezza) FEMA says as of the start of the week, it had obligated $1.3 million to Vermont communities to repair buildings, roads and other facilities.

For many cash-strapped communities, that's not much money, but it's unexpected.

(Portalupi) "We're ahead of the game compared to most disasters." Alec Portalupi is with the Agency of Transportation, which collects the money from FEMA and then distributes it to the towns. He says the state is handling this natural disaster differently from others because there's such a budget crunch.

10 AmeriCorps volunteers to do more Vt Irene work, WCAX
MONTPELIER, Vt. (AP) - AmeriCorps volunteers are going to be staying in Vermont a bit longer to help with the continuing cleanup from Tropical Storm Irene.

AmeriCorps officials say 40 volunteers from the federal program have contributed more than 6,290 hours so far since the storm triggered widespread flooding in the state Aug. 28.

Ten AmeriCorps volunteers are now planning to stay in Vermont through mid-December. They'll be assessing the damage on affected homes, mucking and gutting damaged homes, remediating mold, and removing debris.

According to a metric developed by a coalition of nonprofit groups called Independent Sector, the volunteers so far have donated more than $134,000 worth of time to Irene cleanup efforts.

Vermont groups get $1.2 million in Sustainable Communities grants, vermontbiz.com
Two Vermont organizations have received $1.2 million as part of HUD grants. The US Department of Housing and Urban Development’s Secretary Shaun Donovan today announced the recipients of the 2011 Sustainable Communities Grants, totaling over $97 million nationwide. Twenty seven communities and organizations across the country will receive Community Challenge grants and 29 regional areas will receive Regional Planning grants. The goal of the Sustainable Communities grants is to help communities and regions improve their economic competitiveness by connecting housing with good jobs, quality schools and transportation.

Thursday, November 17, 2011

Vermont Environmental & Land Use Law, November 17, 2011

Photo by Julian Rotela Rosow on Flickr

Vt. environmental agency admits breaking waste laws, WCAX
The agency charged with policing the Vermont's environmental laws admits it broke them. The Agency of Natural Resources agreed to pay a hefty fine for mishandling hazardous materials.

The investigation began during the first days of the Shumlin administration when the attorney general began looking at how hazardous materials were handled at the Department of Environmental Conservation lab in Waterbury.

"Ordinarily it's our enforcement division that would investigate and enforce... obviously could not do that to ourselves as an agency, so we directed it immediately to an independent investigation to the AG's office," Vt. Natural Resources Secretary Deb Markowitz said.

The DEC lab is used to test materials from the field to troubleshoot any problems that may impact the environment. Well, as it turns out the state was not following its laws when handling and storing hazardous waste. An inspection found a host of problems-- 23 violations in all.

"It is sort of like you can't have the cop on the beat committing crimes; well here you have the lab from the Agency of Natural resources out of compliance. They took it seriously to their credit," said Bill Sorrell, D-Vt. Attorney General.

New $70M NY-Vt. bridge over Lake Champlain opens, WCAX
(AP) - Hundreds of people poured onto Lake Champlain Bridge on Monday, taking photos and laying on the center line in sheer joy over the opening of the new span and the reconnection of the communities on either side of the lake.

The first vehicle to cross from Crown Point to West Addison, Vt., after the ceremonial ribbon cutting was a 1929 Pierce Arrow, a classic vehicle built in New York the same year the previous bridge was completed.

New York Lt. Gov. Robert Duffy and Vermont Gov. Peter Shumlin stood on the running boards.

The new bridge is a welcome relief for residents whose lives were upended when the old bridge closed in October 2009, after engineers determined it was unsafe.

A free, 24-hour ferry was put into place to carry commuters and others back and forth, but it didn't have the convenience of the bridge.

State appeals Vermont Yankee permit extension, Burlington Free Press, Burlington Free Press
The state of Vermont says the owner of the Vermont Yan­kee nuclear power plant didn’t prove to federal regu­lators who extended the plant’s operating license that it is in compliance with the federal Clean Water Act.

In documents filed Mon­day in the Court of Appeals for the District of Columbia, the Vermont Department of Public Service argued that the Nuclear Regulatory Commission violated the Clean Water Act when it approved the permit exten­sion without proof the plant was in compliance.

The Brattleboro Re­former reported that the state and the anti-nuclear group the New England Co­alition claim the NRC ig­nored its regulations requir­ing a clean water certificate. Entergy’s application for its license extension failed to demonstrate, as required, that the plant was comply­ing with the Clean Water Act, and the NRC “simply ignored” that shortcoming when it issued the license extension in March, the state’s filing said.

The state has been joined in the lawsuit by the NEC, represented by the Conser­vation Law Foundation.

“We are still saying they unlawfully issued a re­newed operating license,” said Christopher Kilian of CLF.

Experts: Post-Irene river repairs harmful in Vt., WCAX
(AP) - In the days and weeks following Tropical Storm Irene's flooding, Vermont became what one lawmaker called a "lawless state" concerning its rivers, with crews digging gravel from stream beds and piling boulders on river banks to strengthen them.

Environmentalists and some state officials say the result is serious environmental damage, especially to fish habitats, as well as a possible worsening of future floods.

Vermont lawmakers heard testimony Tuesday that efforts to put rivers back in the courses they ran before the Aug. 28 storm may have done more harm than good in some instances.

In addition to hurting fish habitats with the digging, river experts say efforts to strengthen river banks can increase the speed at which the river flows, which can make future floods more damaging.

Vermont 'tar sands' pipeline opponents cautiously hail delay, vermontbiz.com
The US Department of State is delaying its decision on a controversial pipeline from Alberta, Canada, to Texas. In a statement issued today, it said that it needed more time to review the environmental implications, especially those in Nebraska. Vermont's congressional delegation has been opposed to the pipeline, which would bring "tar sands" oil into the United States for refining.

Representative Peter Welch (D-VT) issued the below statement following the announcement by the State Department that it will delay a decision on the Keystone XL pipeline.

“The State Department today raised the correct concerns, but reached the wrong conclusion. The catastrophic environmental risks of this proposed pipeline dictate the project be rejected, not delayed. I look forward to a swift and thorough investigation by the inspector general into the State Department’s review process.”

Welch led efforts in the House demanding an investigation into whether conflicts of interest tainted the State Department’s process for reviewing the proposed crude oil pipeline. On Monday, the State Department Inspector General agreed to open an investigation.

US Senator Patrick Leahy (D-VT) also commented: “While this is a sign that the State Department has been listening during the comment period, there are many problems with this pipeline, and the tar sands project behind it, that go far beyond the particular route it would take. This pollution-ridden project and its path through our country should not go forward at all. The environmental harm and risks that are inseparable from this project far outweigh any benefits, and I hope the Administration will pull the plug on an inherently bad idea."

Burlington housing project gets $4.8m federal grant, WCAX
(AP) - A housing project under way in Vermont's largest city is going to get even bigger thanks to a $4.8 million federal housing grant.

The state's congressional delegation announced Wednesday that the Cathedral Square Thayer Commons project in Burlington's New North End would add 28 additional rent-subsidized units with help from the grant.

Cathedral Square Executive Director Nancy Eldridge says the grant will be used to meet the huge demand for affordable senior housing at Thayer Commons.

The location of the project on Burlington's North Avenue where the Department of Motor Vehicles once operated will offer seniors access to public transit, shopping, health care and other services.

Wednesday, November 2, 2011

Vermont Environmental & Land Use Law, November 3, 2011


Photo by USACEpublicaffairs on Flickr

Shumlin appoints attorney Thomas Walsh as environmental judge
Governor Peter Shumlin today announced he will appoint Burlington attorney Thomas G Walsh to the Environmental Division of the Superior Court. Walsh, who has practiced environmental law for 18 years, will replace retiring Judge Merideth Wright.

“It is a great honor to be appointed by Governor Shumlin as an environmental judge,” Walsh said. “The Environmental Division is important to our State's natural resources and our economy. I look forward to serving our State and applying my energy and experience to ensure that the Environmental Division is regarded with integrity and fairness."

“Tom will bring strong experience in all facets of environmental practice and a common sense approach to the bench,” Shumlin said. “I’m sure that he and Judge Durkin will ensure decisions are issued in a timely manner and are consistent with the law.”

Walsh is a founder and managing partner in Walsh & Monaghan LLP, a full service law firm focusing on land use and environmental law. Prior to law school, he practiced environmental engineering for four years with a national environmental consulting firm.

New estimate lowers Vermont Irene recovery costs, Burlington Free Press
MONTPELIER — Fixing the state's roads and bridges after Tropical Storm Irene has cost much less than expected, with state officials lowering the estimated price tag for the largest portion of it Monday from $620 million earlier to $175 million to $250 million.

"When you bring in the National Guard, and you don't have to hire flaggers, and you don't have to keep roads open while you're rebuilding, and you can take the gravel and the rock from the brooks and rivers that it got washed into, you drastically reduce the cost of rebuilding," Gov. Peter Shumlin said at a news conference.

A statement released by Shumlin's office noted that the construction engineers with the Vermont Agency of Transportation "are trained to estimate construction costs based on standard construction practices, not emergency construction practices."

Steps reduced or eliminated included federal and state permitting, utility relocation, environmental mitigation, design reviews, planning, right-of-way acquisition and legal proceedings, Transportation Deputy Secretary Sue Minter said.

Minter also credited state road workers with leading restoration efforts that involved contractors, town employees and National Guard troops who were called in initially to respond to the emergency but ended up devoting personnel and heavy equipment to helping the rebuilding effort.

Rockingham to rebuild covered bridge lost to Irene, Burlington Free Press
ROCKINGHAM — A Vermont covered bridge whose destruction during flooding caused by Tropical Storm Irene was captured on video is going to be rebuilt.
The select board in the town of Rockingham agreed Tuesday to build a new covered bridge over the Williams River in the hamlet of Bartonsville, not far from Bellows Falls.

The much-publicized destruction of the 141-year-old covered bridge came to symbolize the pounding Vermont took during Irene.

Vermont Public Radio says the selectboard's decision was made easier by a report by engineers that said it would cost almost as much to build a modern concrete span as to build a new covered bridge.

Irene-damage mobile homes razed in Berlin, Burlington Free Press
Pete Ainsworth snapped photos Monday of the excavator chomping through the roof of his neighbor’s trailer. Ainsworth’s mobile home, which had also been flooded by Tropical Storm Irene, was next on the chopping block.

“We tried to save what we could, some of the stuff that was hanging on the walls,” Ainsworth, 35, said. “But pretty much everything was no good.”

Lt. Gov. Phil Scott, standing in front of the wreckage at Weston’s Mobile Home Park in Berlin, implored Vermonters to continue to help the people who lost their homes in the storm two months ago. A task force, organized by Scott and Secretary of Commerce and Community Development Lawrence Miller, has raised more than $150,000 to demolish uninhabitable mobile homes for their owners across the state. However, the group says it still needs another $150,000 to carry out its campaign.

The owners of 20 mobile homes at the trailer park in Berlin released their homes to the task force for demolition. Scott said the group initially figured each trailer would cost about $1,500 to destroy. However, workers uncovered asbestos in the floors of five of the trailers, putting the cost to destroy those homes at roughly $4,000 apiece, he said.

Discovery Of Asbestos Drives Up Mobile Home Cleanup Costs, VPR News
(Host) The unexpected discovery of asbestos in some flood damaged mobile homes is driving up the cost of removal.

So state officials and a private philanthropy are asking the public for help. The goal is to raise enough money so that mobile home residents don't have to use their own savings to dispose of their damaged property.
VPR's John Dillon reports.

(Dillon) Two by fours snap like matchsticks as heavy equipment demolishes a gutted home at the Weston Mobile Home Park in Berlin.
Lieutenant Governor Phil Scott - who also runs a construction company - is coordinating the removal work. He said the discovery of asbestos in about a quarter of the homes they've inspected is complicating the project.

(Scott) "What that's done to our project is that it's increased the cost a bit. For those units that have asbestos, where we've been able to reduce the cost to $1,500 per unit, that has the potential of increasing that to a total cost of possibly $3,500 to $4,500."

Burlington’s Proposed Skatepark Hits a Big Bump — a Legal Appeal, Seven Days
The escalating tension over a proposed new waterfront skatepark has all the elements of a classic Burlington development battle: generational antagonism, class issues, environmental concerns, arguments over aesthetics and, of course, litigation.

At issue is a replacement for the existing facility for skateboarders — a set of fenced-in wooden and metal ramps situated just east of the bike path near the Moran Plant. The envisioned skatepark would be nearly double the size and more than twice as expensive as the existing 10,000-square-foot facility that cost $326,000 to build 11 years ago.

Metal strips peeling off rotting wood in the current park pose dangers for skaters and bikers, warns James Maguire, a University of Vermont senior interning at the Ridin’ High skateboard shop on the corner of Pearl and Battery Streets. “A cut from a piece of metal sheeting can go pretty deep,” says Maguire, who skates “a healthy amount” at the waterfront park, which, he adds, “is not being properly taken care of.”

The city has done what it can to maintain brittle materials weathered by 11 Vermont winters, responds Kirstin Merriman Shapiro, special projects manager in the Community and Economic Development Office.

Vermont's senators co-sponsor a bill to make selling fake maple a felony
To protect the purity of Vermont's signature crop and to dissuade others from passing off fake maple syrup for the real thing — which sells for about $50 a gallon — Vermont's two U.S. senators have co-sponsored a bill that would make it a felony to sell fake maple syrup as the real thing. It would also increase the penalties in existing law from one year to five years in prison.

"Vermonters take pride in the natural products our state produces," said Sen. Patrick Leahy, D-Vt. He says the growing number of individuals and businesses selling fake maple syrup alarms him.

"This is fraud, plain and simple, and it undermines a key part of Vermont's economy," he added.

Co-sponsoring the bill — the Maple Agriculture Protection and Law Enforcement (MAPLE) Act with Leahy are Sen. Bernie Sanders, I-Vt., Maine Sens. Olympia Snowe and Susan Collins, and New York Sens. Chuck Schumer and Kirsten Gillibrand.

VNRC, Bennington Citizens, File Appeal in Wal-Mart Case, Press Release at VNRC

Citizens for a Greater Bennington and the Vermont Natural Resources Council today appealed a ruling by the local Act 250 District Commission that denied them full party status in a case involving the proposed expansion of a Wal-Mart in Bennington. The appeal is to the Vermont Environmental Court.

Tuesday, October 25, 2011

Vermont Environmental & Land Use Law, October 25, 2011



Photo by bluebirdsandteapots on Flickr

Mass. congressman questions Yankee's truthfulness, Burlington Free Press
A Massachusetts congressman is demanding to know whether the Nuclear Regulatory Commission has anything to say about the truthfulness of public statements made by the owners of the plants it regulates.

Rep. Edward Markey, the top Democrat on the House Natural Resources Committee, wrote Friday to NRC Chairman Gregory Jaczko to complain that a spokesman for the Vermont Yankee nuclear plant had made statements “at odds with the factual history of the plant,” and that the “NRC had not appropriately responded to concerns raised about this issue.”

Markey’s letter came nearly three months after the incident in question. On Aug. 2, the Vermont Health Department announced that the radioactive isotope strontium-90 had been found in the flesh of small-mouth bass caught in the Connecticut River about 9 miles upstream from the reactor in Vernon. The plant is about three miles from the Massachusetts line; the river flows through Massachusetts and Connecticut before emptying into Long Island Sound.

Markey took issue with a statement issued by Vermont Yankee spokesman Larry Smith saying that “There is absolutely no evidence to suggest that Vermont Yankee is the source for the strontium-90” in the fish.
Vermont fund helps those recovering from Irene, WCAX
The Vermont Community Foundation says its Irene recovery fund for special and urgent cases has awarded $99,000 to 21 nonprofit groups, such as a food shelf that suffered water damage, a senior center that provided support to evacuated community members and a theater group whose building was flooded. The foundation says total contributions received or pledged to the fund exceed $250,000. The grants, which fund up to $5,000, are available to nonprofits, schools and municipal groups that were damaged by Irene or face challenges in providing services for those affected by the storm. The foundation continues to accept applications.
Vt. groups wants party status in Wal-Mart case, WCAX
Two organizations opposing a planned Wal-Mart expansion in Bennington plan to appeal a decision by a state panel denying them party status.

Meg Campbell, a representative for Citizens for Greater Bennington, says Bennington has invested significantly in its downtown and the proposed expansion could have an impact on the financial health of downtown businesses.

The Vermont Natural Resources Council says citizens have submitted 50 affidavits with concerns the expansion might have on water quality, traffic and downtown businesses, and whether it complies with the town.

The groups want full-party status in the case. They said Monday they plan to appeal the Act 250 district commission's decision to the Vermont Environmental Court.
St. Albans Farmers Settle With State In Pollution Case, VPR
The state of Vermont has reached a settlement with a St. Albans dairy farmer charged with polluting Lake Champlain. But an environmental group says the settlement is weak, and will not serve as an effective deterrent against future farm pollution problems...

The case began more than a year ago and the farmer and the state have very different versions of what happened. Inspectors for the Agency of Agriculture met three times with farmer David Montagne to warn him that one of his farms had the potential to pollute St. Albans Bay.

Then, according to court documents, inspectors last March say they witnessed manure travel down a ditch, through a culvert and enter the bay. So the state went to court to stop the pollution. Assistant Attorney General Michael Duane describes what happened next.

(Duane) "The Montagnes denied the fact they had a discharge. The state felt that there was evidence of a discharge. And the case was resolved by having the Montagnes agree to the issuance by the court of a permanent injunction against them from having any discharges from that portion of their farm."

(Dillon) The settlement does not require the Montagnes to pay a fine and they maintain that they didn't cause any pollution. But it does say they'll have to pay a $2,000 penalty if they violate the court order and allow manure from the farm to reach the lake.
Court orders clean-up and $20,000 in penalties against former Milton junkyard owner for environmental violations, press release at vtdigger.com
The Vermont Superior Court, Chittenden Unit, ordered former junkyard owner Gilbert Rhoades to clean-up the Milton site following its finding of environmental violations earlier this year, including removal of all tires at the site within 90 days. The Court ordered Rhoades to pay$20,000 in civil penalties and Rhoades and his wife, Blanche Rhoades, to reimburse the State $24,857.58 for past investigative costs.

The Court’s ruling follows a May 11th hearing in an environmental enforcement action brought by the Attorney General’s Office based on inspections by the Vermont Agency of Natural Resources.

Monday, October 17, 2011

Vermont Environmental & Land Use Law, October 17, 2011



Photo by dvs on Flickr


$4.4M Vermont Natural Gas "expansion fund" approved, Rutland Herald (Vermont View)

MONTPELIER — Plans to expand Vermont’s natural gas system took a step forward last Friday when state energy regulators narrowly approved a controversial method for funding the build-out of new pipelines that could eventually carry natural gas into Addison County.

The state’s Public Service Board, in a 2-1 decision, said Vermont Gas Systems could take $4.4 million annually from its existing customers and put it in an “expansion fund.” The fund is designed to help pay for the extension of the company’s gas network from northwestern Vermont south into Vergennes and Middlebury.

Vermont Gas, owned by Canada-based Gaz Metro, hopes to someday expand the natural gas network into Rutland County and connect to the national system near Lake George, N.Y.

The gas line expansion project, estimated to cost $60 to $70 million, is not close to being built. Vermont Gas hasn’t yet filed a permit application with the Public Service Board, so the board’s decision last week was limited to the expansion fund. But the board’s approval of the fund is a key development, state officials said.

PSB still must approve Vermont Gas expansion, WCAX

MONTPELIER, Vt. (AP) - Vermont Gas Systems has cleared a key hurdle toward expanding its natural gas pipelines south from Chittenden County into Addison County, but it still must clear another.

The utility must get what is essentially a state license from the Public Service Board. The company and the Department of Public Service, which represents consumers, are differing over how broad the board's review should be.

The hurdle just cleared by Vermont Gas Systems was the board allowing it to bill current customers for the costs of the expansion, which as planned would reach Vergennes and then Middlebury.

That approval drew a protest from the Vermont Fuel Dealers' Association, which represents oil and propane dealers, among others. It sees Vermont Gas being given an unfair competitive advantage.

Post-Irene rules on stream work expire in Vermont, New York, Burlington Free Press

MONTPELIER — In the disastrous days after the remnants of Hurricane Irene sent stones and mud surging down swollen waterways, workers in Vermont and New York were given special permission to dig in river and stream beds without written permits.

A month after the storm, the emergency rules in both states are expiring, to the relief of environmentalists and scientists who fear river-altering projects like channel-cutting and rock removal could end up making future flooding worse.

After Irene tore through the Northeast on Aug. 28, Vermont allowed oral instead of written consent for emergency work and New York waived normal permit rules for work that addressed "an imminent threat." Officials in both states said the extraordinary steps were necessary to quickly help small mountain towns left crippled, isolated and fretting about weakened culverts and bridges.

"In the first month we were dealing with communities that had extreme emergency situations. They needed to get into the river before the next rainfall to clear debris, otherwise they were going to lose another culvert or another bridge," said Vermont Natural Resources Secretary Deb Markowitz. "But now were dealing with issues — while they're important and pressing and we need to resolve them before the snow flies — we have time to take that deep breath."

Markowitz said Friday that verbal authorizations will only be allowed now in emergency cases where there is imminent danger. New York Gov. Andrew Cuomo's post-Irene emergency declaration is expiring Saturday, but the same northern counties affected by Irene were included in an emergency declaration after Tropical Storm Lee hit a week later. That declaration expires Saturday, Oct. 8.

EPA fines Jay Peak for wetlands violations, Burlington Free Press

JAY — Vermont's Jay Peak resort has agreed to pay $80,000 in fines to the U.S. Environmental Protection Agency for illegally filling in wetlands and streams when it was building a golf course between 2004 and 2006.

The EPA says the improper work by a construction company working at the resort affected wetlands and streams feeding the Jay Branch Brook, which flows into the Missisquoi River, a tributary of Lake Champlain.

EPA issued Jay Peak Resort a compliance order in September 2010, requiring that the company restore the affected wetlands and streams.

It says the company worked with EPA and the U.S. Army Corps of Engineers to comply with the order.

Resort spokesman J.J. Toland says the violations occurred under previous owners, and the current ones cleaned them up.

Tuesday, September 27, 2011

Vermont Environmental & Land Use Law, September 27, 2011

Photo by dougtone on Flickr

Disaster declaration approved for Vermont farms, Burlington Free Press

Vermont farms will be eligible for federal disaster aid to recover from damage from the remnants of Hurricane Irene and spring flooding.

Gov. Peter Shumlin announced the federal disaster declaration Monday. He said he hopes farmers who lost crops and equipment in the spring and summer storms will seek emergency loan assistance from the Farm Service Agency.

Shumlin said farmers in all 14 counties have eight months to apply for the federal loans, which will be available immediately with an interest rate of below 4 percent.

His office said help will also be available to certain farmers who qualify for the Supplemental Revenue Assistance Program in 2012 and to farmers who meet certain loss qualifications.

Congress dodges shutdown after disaster aid fight, boston.com

WASHINGTON—In agreeing to an emergency spending bill to avoid a government shutdown, Congress achieved the bare minimum while finessing a fight over whether emergency disaster aid ought to be paid for with cuts elsewhere in the budget.

Democrats who spent weeks demanding additional disaster aid claimed victory even though the final deal -- $2.7 billion in disaster relief assistance in a one-week bill -- provided $1 billion less than approved by tea party Republicans. The cost of that additional $1 billion in disaster assistance was too high for Democrats because it would have been offset by cuts in an energy-related program they also favor.

"We rejected the idea that we should be forced to choose between American jobs and disaster relief," Senate Majority Leader Harry Reid, D-Nev., said late Monday after the Senate voted 79-12 to keep the government running until mid-November.

The brinkmanship had pushed a bitterly divided and poll-battered Congress into another fight that threatened to shut down the government, a step certain to draw the wrath of a frustrated public. At issue was how to replenish Federal Emergency Management Agency coffers and assist Americans battered by Hurricane Irene, tornadoes and other natural disasters.

Vt lawmaker calls on governor to freeze spending, WCAX

"The Vermont Housing and Conservation Board actually made a decision to spend over a million dollars on land preservation, I just think that that is shocking," Olsen said.

That decision was made by VHCB Wednesday. Twelve-million dollars was allocated for the organization in May. Olsen is requesting Gov. Peter Shumlin put a freeze on this funding, so lawmakers can reallocate budget funds.

"I have full confidence that the administration and the respective agencies are performing the necessary budgetary measures to ensure that the state will remain liquid with regard to cash and that we will make prudent financial decisions," said Rep. Shap Smith, D-Vt. House Speaker.

Speaker Smith and Governor Shumlin say calling 150 legislators in for a special session wouldn't accomplish much without more concrete numbers from Irene.

While it could be weeks before lawmakers have hard numbers tallying the aftermath, Smith and Shumlin both say if a special session is deemed necessary they will hold one.

NH companies to pay $200,000 for water violation, WCAX

NEWPORT, N.H. (AP) - The federal Environmental Protection Agency says two New Hampshire companies will pay a $200,000 civil penalty to resolve Clean Water Act violations at five facilities in New Hampshire and Vermont.

Officials say Newport Sand and Gravel Co. and Carroll Concrete Co., Inc., also will put in place storm water reduction measures to reduce the impacts of storm water discharges at the two sites in Newport, N.H. and three others in Berlin, Guildhall and Swanton, Vt.

The EPA says the companies were accused of discharging process waste waters including waters from sand and gravel and concrete production and storm water without proper permits.