Vermont AG Pledged to Defend State’s Climate Legislation against Constitutional Challenge

Vermont Attorney General T.J. Donovan sent a letter to his state’s governor, Phil Scott, pledging to “aggressively and dutifully defend” Vermont’s Global Warming Solutions Act (GWSA) against a potential constitutional challenge brought by the governor, who has suggested that the legislation may violate the nondelegation and separation of powers doctrines. In his letter, AG Donovan emphasized that the GWSA does not violate the nondelegation doctrine because it establishes clear emissions reductions targets and provides “sufficient policy guidance and standards” to the executive branch to develop regulations to meet those targets. AG Donovan also refuted the governor’s allegation that the GWSA amounts to unconstitutional legislative encroachment on executive authority, noting that the power to adopt regulations under the statute rests with the Agency of Natural Resources, within the executive branch, and that other executive agencies will be well-represented on the Climate Council established by the legislation. AG Donovan concluded that the GWSA “is not only constitutional, but it is good policy and good governance” and “reflects the will of the people, as expressed by the overwhelming majorities that supported its passage.”