First Formal Opinion Issued by Attorney General In 11 Years
Vermont Business Magazine Attorney General Charity Clark today issued a formal Attorney General Opinion related to Governor Phil Scott’s Executive Order 06-25, titled “Promoting Housing Construction and Rehabilitation.” The opinion was requested by Senate President Pro Tem Phil Baruth and House Speaker Jill Krowinski on October 1, 2025, to address whether the executive order exceeds the governor’s authority by changing existing law.
By law, the Office of Attorney General advises elected and appointed state officers on questions of law when requested. Informal opinions by the Attorney General’s Office are common. In contrast, formal opinions are rare.
The Attorney General issued a formal opinion here because a disagreement between elected leaders has potential legal consequences for the state. Courts have found that Attorney General opinions are merely advisory and that, unlike a court, the Attorney General does not resolve legal disputes through formal opinions.
The formal opinion issued today concludes that the governor’s executive order exceeds authority if it is meant to immediately change law, but the governor’s policy goals could potentially be advanced through rulemaking without exceeding his legal authority. Specifically, most sections of the executive order are lawful because they can be implemented consistent with statutes.
There are, however, two sections of the executive order – one concerning the regulation of wetlands and one related to building energy standards – which are unlawful if they are intended to immediately change law without first following the agency rulemaking process under Vermont’s Administrative Procedures Act. Earlier this month, the Agency of Natural Resources proposed changes to Vermont’s Wetland Rules under the rulemaking process.
In her letter today to the legislative leaders, she concludes that: "Reliance on the Order as a source of new law carries legal risk and may delay desired residential and commercial development outcomes."
Although the Attorney General’s Office regularly issues informal opinions, this is the first formal published opinion of the Attorney General’s Office since 2014, when the Secretary of State asked for an opinion regarding which set of campaign finance laws applied following legislative changes.
All formal and certain informal opinions issued since 2000 are posted on the Attorney General’s website.
11.20.2025. MONTPELIER, Vt. – Attorney General
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