The Vermont Supreme Court has affirmed the Agency of Natural Resources’ issuance of an operational-phase stormwater permit for the wind development in Lowell. “The Court made clear that it will not second-guess the Agency’s expertise in highly technical areas like stormwater management,” said Attorney General William H. Sorrell. “The Court affirmed that the Agency may use its expertise to approve innovative approaches to manage stormwater that fully protect Vermont’s waters,” he added.
The Supreme Court concluded that the Agency’s decision to issue the permit furthered the goals of the stormwater management program, and that the Agency had properly evaluated and approved a new stormwater technology for use at the development. The Public Service Board had earlier affirmed the permit as well.
“We are pleased by the decision that recognized that our stormwater staff was thorough and careful in reviewing and approving a stormwater treatment practice for the Kingdom Community Wind Project that protected the receiving streams while also maintaining the natural features on Lowell Mountain,” said Agency Secretary Deb Markowitz.
The Attorney General’s Office worked in cooperation with the Agency of Natural Resources on this appeal.
Source: Vermont Attorney General, May 27, 2014