The following actions within the original jurisdiction of the Environmental Court shall be commenced and conducted as civil actions under the Vermont Rules of Civil Procedure, the 2010 Vermont Rules for Electronic Filing, and the Vermont Rules of Appellate Procedure, so far as those rules are applicable and except as they may be modified by subdivisions (b)-(e) of Rule 2:
(1) Revocation of state land use permits granted under 10 V.S.A., ch. 151, as provided in 4 V.S.A. § 1001(b). (2) Enforcement of final administrative orders of the Secretary as provided in 10 V.S.A. § 8014(a). (3) Certain civil ordinance violations relating to enforcement under 24 V.S.A., Chapter 117, as provided in 24 V.S.A. § 1974a(b). (4) Enforcement of final municipal solid waste orders as provided in 24 V.S.A. § 2297a(j). (5) Actions to recover penalties for violations of bylaws enacted under 24 V.S.A., Chapter 117, as provided in 24 V.S.A. § 4451. (6) Actions by municipal administrative officers to prevent, restrain, correct, or abate violations of bylaws enacted under 24 V.S.A., Chapter 117, as provided in 24 V.S.A. § 4452. (7) Actions by the Attorney General to challenge the validity of a bylaw or its administration on the grounds that it violates 24 V.S.A. § 4412(1) relating to equal treatment of housing and adequate provision of affordable housing, as provided in 24 V.S.A. § 4453. (8) Actions by municipalities or interested persons to enforce decisions of appropriate municipal panels under 24 V.S.A., Chapter 117, by mandamus, injunction, process of contempt, or otherwise, as provided in 24 V.S.A. § 4470(b). (9) Actions by municipalities to revoke a municipal land use permit issued under 24 V.S.A. chapter 117, as provided in 24 V.S.A. § 4455. (10) Any other original action concerning a subject matter within the jurisdiction of the Environmental Court in which the relief sought is not available under other provisions of these rules or by action pursuant to paragraphs (1)-(9) of this rule. Added Dec. 21, 2004, eff. 2/21/2005; amended Jan. 25, 2005, eff. 1/31/2005; 5/20/2010, eff. 7/26/2010; 7/1/2015, eff. 9/1/2015; amended Dec. 10, 2019, eff. 3/2/2020.Reporter's Notes-2020 Amendment
In anticipation of implementation of a new case management system and concurrent electronic filing, the 2020 Vermont Rules for Electronic Filing are being simultaneously promulgated. The new case management will be rolled out across the state in phases. Until the new case management system and electronic filing are fully implemented, different divisions of the superior court will be operating under different electronic filing rules. The Environmental Division has electronic filing under the 2010 Vermont Rules for Electronic Filing and so references are amended to specify that those rules are applicable. After the Court Administrator directs that electronic filing under the 2020 Vermont Rules for Electronic Filing will begin in the Environmental Division, the 2010 Vermont Rules for Electronic Filing will no longer apply, and the Rules for Environmental Court Proceedings will require revision.
Rule 3 is amended to clarify that its cross reference is to the 2010 Vermont Rules for Electronic Filing.