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Environmental Battles Loom Over New Permits

Montpelier, Vermont -- August 16, 2002

A long-running conflict between Vermont developers and environmentalists is heating up again. Despite the passage of a new storm water law that had the backing of both sides, a new fight has erupted over Vermont's controversial permitting process.

There were two developments this week that point to more conflict to come. Backers of the Circumferential highway won at least a technical victory when the Water Resources Board tossed out an appeal by the Conservation Law Foundation which has tried to stop the road. On another battle front, CLF and the Vermont Natural Resources Council appealed the first of four new blanket permits known as general watershed improvement permits.

"We were surprised to see the appeals filed," admitted Attorney Dale Rocheleau, a lobbyist for The Chamber Of Commerce who helped usher the storm water bill toward passage. It set the stage for general storm water permits. The appeals are challenging those new permits which cover four entire watersheds -- Morehouse, Centennial, Englesby and Bartlett brooks. They are the first four of 25 Vermont watersheds due to receive blanket storm water permits.

Rocheleau thinks the appeals by the Conservation Law Foundation and Vermont Natural Resources Council are off-base. "They raised general public policy issues that I saw as being addressed by the legislation that was passed this year by the Vermont general assembly," he told Channel 3. "Nonetheless, those policy issues are raised in the appeal notice and the question is how long is it going to take the Water Resources Board to answer."

State senator Peter Welch, D-Windsor County, voted for the storm water bill but now questions whether it will end the war between developers and environmentalists. "I don't know yet whether the general permit in reality can work," he said. "The idea of a general permit makes a lot of sense, but as a practical matter, there are numerous issues that get raised and it doesn't appear that we've got a process that as a practical real world matter can answer all questions at one single time."

The Circumferential highway remains the brass ring of Vermont development battles. The state plans to resume construction on segment A and B of the long-delayed highway next year, after it wins brand new permits based on the new storm water law. But as soon as those permits are issued, it's likely that the environmental groups will file another appeal.

The state transportation agency is confident that the Circ's new storm water permits will withstand an appeal. Those permits are specific to the new Williston segment of the highway and not general permits, but opponents are expected to argue the same issues when the Circ lands back on the hearing calendar later this fall.

First there will be a hearing on the new general permit appeals during the first week of September. VNRC attorney Kelly Lowry emphasizes that his organization -- unlike the CLF -- is not challenging the legality of blanket permits, but will argue that they need extensive federal review.

Andy Potter - Channel 3 News