Vermont Business Magazine Today, the Vermont Natural Resources Council (VNRC), Conservation Law Foundation (CLF), Sierra Club - Vermont Chapter, Vermont Conservation Voters, Vermont Public Interest Research Group (VPIRG), and ACLU Vermont submitted a letter to the Scott Administration expressing their deep concern that provisions in Executive Order 06-25 (EO) instruct state agencies to take actions which they do not have authority to take.
“All of our organizations strongly support more housing, but Governor Scott’s legally unsound EO will in fact make things worse for housing development because anyone that relies on illegal action could face more litigation, not less regulation,” said Lauren Hierl, Executive Director of the Vermont Natural Resources Council. “At a time when Governor Scott is calling for more cooperation, this type of aggressive short cutting of the rule of law is something we are compelled to stand up against.”
“This executive order sets a dangerous precedent by sidestepping the legislative process and undermining the very checks and balances that protect Vermonters,” said Elena Mihaly, Vice President of CLF Vermont. “We need more housing, but fast-tracking development by dismantling protections and overriding democratically adopted rules is not the solution. We need solutions that expand housing while upholding the safety, stability, and well-being of the people who will call these homes their own.”
“At a time when democracy feels fragile across the country, Vermont must hold fast to the rule of law. No Governor–Democrat or Republican–should be able to rewrite laws with the stroke of a pen. Our Constitution is clear: the Legislature makes the laws. That principle is at the heart of our democracy,” said Paul Burns, Executive Director of the Vermont Public Interest Research Group (VPIRG).
The organizations called on the Agency of Natural Resources (ANR), the Department of Public Service (Department) and the Land Use Review Board (LURB) to determine that there is no statutory authority to implement the sections of the EO identified in the letter, and that the agencies do not act on implementing these provisions until any necessary statutory or rule changes have been duly adopted.
The letter states that:
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ANR does not have the legal authority to implement provisions of EO Section 3.1 that would alter or repeal provisions of Vermont statute and the Vermont Wetland Rules (VWRs) that provide for the protection of all unmapped wetlands in the areas identified in the EO and, by fiat, reduce the protective wetland buffer zones in these areas.
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The Department of Public Service does not have the authority to implement EO Section 1.1 related to energy codes.
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ANR, the Department, and the Land Use Review Board do not have the authority to implement EO Sections 2.1 and 2.2 related to permit decisions and fees.
“Our organizations care deeply about access to affordable housing for Vermonters, and we are also deeply concerned with ensuring that the rule of law is followed by our State Government. With this Executive Order, Governor Scott has exceeded his constitutional authority and has unilaterally changed state laws and rules without going through the legally required process,” said Jon Groveman, Policy and Water Program Director at VNRC. “We all want to solve the housing crisis, but the solutions must not involve violating the rule of law.”
“If this illegal overreach is allowed to stand, there’s nothing to stop this Governor—or the next one—from doing it again, on any issue, with even more damaging consequences,” added Hierl.
Governor Scott signs Executive Order to promote housing in Vermont | Vermont Business Magazine
10.15.2025. Montpelier – Vermont Natural Resources Council
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