Legal Opinion · Concurrence

In re Petition of Rutland Renewable Energy, LLC for Certificate of Public Good Pursuant to 30 V.S.A. § 248

Supreme Court of Vermont

Decided April 29, 2016No. 2015-230Published

1Concurrence

Robinson, J.,

¶ 30. concurring. A critical unanswered question in this case is: what does the Board have to do in order to give “due consideration” to the recommendations of municipal legislative bodies and planning commissions pursuant to 30 V.S.A. § 248(b)(1)? The majority does not address this question because it concludes that the dearth of evidence as to the regional as opposed to the municipal or local impact of the project is dispositive.6 The dissent persuasively catalogs the Board’s myriad slights of the Town’s enacted standards, and calls for a “more balanced” approach, but does not…

2Cases cited12 opinions

  1. Trombley v. Bellows Falls Union High School District No. 27Supreme Court of Vermont · 1993
  2. Morin v. Essex Optical/The HartfordSupreme Court of Vermont · 2005
  3. In Re Amended Petition of UPC Vermont Wind, LLCSupreme Court of Vermont · 2009
  4. City of So. Burlington v. Vermont Elec. Power Co., Inc.Supreme Court of Vermont · 1975
  5. Petition of Vermont Electric Power Company, Inc.Supreme Court of Vermont · 1973

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