(Host) Vermont’s environmental court judges have warned that efforts to streamline the permit process may not work as planned.
The judges told a legislative committee that changing how appeals are heard could end up costing more time.
VPR’s John Dillon has more:
(Dillon) Governor Douglas wants to make it easier and less cumbersome for businesses to navigate Vermont’s environmental review process.
One of his main proposals is to change how appeals are heard. When the cases now reach the courts, both sides get a fresh start. They’re allowed to present witnesses and offer new testimony.
The governor’s proposal would require that appeals be heard "on the record." That means the court would consider legal arguments and use a written transcript of the case. The court would not hear new evidence.
But the state’s two environmental judges say that on the record appeals can add more time at the front end of the permit process.
Environmental Court Judge Merideth Wright told the Senate Natural Resources Committee that on the record cases require local zoning boards to take a more legalistic approach.
She said witnesses have to be sworn in and a transcript carefully prepared.
(Wright) "We’ve had quite a few sent back because the recordings weren’t adequate. So it makes the local proceeding take longer."
(Dillon) Environmental Judge Thomas Durkin said towns often aren’t prepared to handle the legal requirements for appeals to be heard on the record.
(Durkin) What is the consequences of that? The consequence of that is that the collective time period for an application is delayed, even much more.
(Dillon) Durkin urged the committee to question the assumption that on the record appeals will save time.
For VPR News, I’m John Dillon in Montpelier.