Conservation Law Foundation (CLF) filed a citizen suit under Vermont’s Global Warming Solutions Act (GWSA) alleging that the Secretary of Natural Resources had failed to comply with statutory duties under the GWSA. CLF asked the court to direct the Secretary to conduct a review to determine whether new or amended rules were necessary to achieve the GWSA’s requirement that the State reduce greenhouse gas emissions by at least 26% below 2005 levels by 2025 and also to require the Secretary to adopt or update rules to ensure that the 2025 emissions reduction requirement would be achieved by a date certain. CLF also alleged that the Secretary had failed to conduct public hearings as required by the GWSA. CLF alleged that an outside consultant retained by CLF had predicted that the State’s emissions level would exceed the 2025 reduction requirement by approximately 307 thousand metric tons of carbon dioxide equivalent emissions (kMTCO2e), which was “equivalent to the greenhouse gas emissions generated by Vermonters driving more than 785,000,000 miles in gasoline-powered passenger vehicles over the course of calendar year 2024.” CLF alleged that the Secretary—in a July 2024 letter notifying the Vermont Climate Council that the State was “narrowly on track” to achieve the 2025 requirement—had relied on a report prepared by another consultant that relied on a model that “cannot reliably predict future greenhouse gas emissions” and that was not intended to be “indicative of the [S]tate’s likelihood of achieving” required emission levels in 2025 or the other compliance years. CLF also alleged that the Agency of Natural Resources had not adopted any rules since December 2022 to achieve the 2025 reduction requirement.

Lawsuit alleging that Vermont's Secretary of Natural Resources failed to comply with statutory duties under the State's 2020 climate law.

Conservation Law Foundation, Inc. v. Moore

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Lawsuit Asked Court to Compel Agency Actions to Implement Vermont Climate Law

Filed

United States of America

Vermont

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Direct investments by the governments using public funds. This can be to support climate initiatives or integrate climate into other projects.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

This sector provides communication services, software development, and IT solutions.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Lawsuit Asked Court to Compel Agency Actions to Implement Vermont Climate Law

Target

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance