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2025 Op. Vt. Att'y Gen. 1 (2025)

handle is hein.sag/sagvt2025 and id is 1 raw text is: CHARITY R. CLARK (802) 828-3171 ATTORNEY GENERAL STATE OF VERMONT OFFICE OF THE ATTORNEY GENERAL 109 STATE STREET MONTPELIER, VT 05609-1001 Formal Opinion No. 2025-01 November 20, 2025 Hon. Philip Baruth President Pro Tem of the Senate Hon. Jill Krowinski Speaker of the House of Representatives Re: Executive Order 06-25 Dear President Pro Tem Baruth and Speaker Krowinski: On October 1, 2025, you requested a formal opinion related to Executive Order 06-25, titled Promoting Housing Construction and Rehabilitation (the Order). Specifically, you asked if policy changes in the Order related to environmental regulations and building energy standards effectively repeal or modify existing legislative enactments, including 10 V.S.A. § 914 and 2024 Acts and Resolves Nos. 151 and 181. This Office has concluded that the provisions related to wetlands and building energy standards are lawful to the extent they instruct agencies to begin rulemaking. To the extent they intend to announce new legal standards different from those in statute or current rule, they exceed the Governor's authority. I understand that rulemaking related to some of the Order's objectives has started. I also understand that, by its terms, the Order is not intended to conflict with statutes, and its implementation involves an on-going, interactive process of internal review. Agencies in the Governor's administration have rulemaking authority in the relevant areas of law, and some of the Order's stated objectives may be advanced through rulemaking. I. Executive Order 06-25 On September 17, 2025, the Governor issued Executive Order 06-25, Promoting Housing Construction and Rehabilitation. The Order took effect immediately and remains in effect unless modified or extended by subsequent executive action. EO 06-25, § IX. TEL: (0)8837