Friday, June 12, 2009

Vermont Environmental Court Report (Week of 6/8/2009)

The Vermont Environmental Court issued several opinions this week:
  • In re Wood Certificate of Occupancy, No. 176-8-07 Vtec (Vt. Envtl. Ct. June 10, 2009) (Durkin, J.) (Entry order on Cross-Motions) (granting Town of Hartford's Motion for Summary Judgment on questions related to whether individual appellant was entitled to a Certificate of Occupancy, and dismissing other questions as outside the scope of the Court's jurisdiction);

  • In re JLD Properties-Wal-Mart Strmwtr Disch Permit, No. 116-6-08 Vtec (Vt. Envtl. Ct. June 10, 2009) (Durkin, J.) (Entry order granting limited right to tape environmental court proceedings);

  • In re Brosseau/Wedgewood Act 250 PRD Application, Docket No. 260-11-08 Vtec (Vt. Envtl. Ct. June 9, 2009) (Wright, J.) (Order on Cross-Motions for Summary Judgment) (granting summary judgment in favor of Vermont Agency of Agriculture on issues related to the project's impacts on primary agricultural soils under Act 250 Criterion 9(b));

  • In re: Jim Sheldon Excavating, Inc. and Taran Bros., Inc. Act 250 Land Use Permit, Docket No. 54-4-09 Vtec (Vt. Envtl. Ct. June 8, 2009) (Wright, J.) (order regarding motion for extension of time to file appeal under Vermont Rules of Appellate Procedure 4; additional information requested from the parties "[b]ecause this appeal is a case of first impression as to the distinction between a good cause analysis and an excusable neglect analysis under V.R.A.P. 4(d))").