Vermont Officials to Eco-Critics Stalling Homes: No Plans? 'Step Up or Step Away'
"Vermonters will understand your opposition for what it really is – political theater performed at the expense of working families searching for places to live."
In an October 30, 2025 blog post on the Governor’s website, Vermont Agency of Natural Resources Secretary Julie Moore and Department of Public Service Commissioner Kerrick Johnson issued a direct challenge to environmental advocacy groups who have opposed Governor Phil Scott’s housing executive order: propose concrete solutions or step aside.
“To the environmental groups criticizing this Executive Order: please show us your plan,” the officials wrote. “Tell us how you would accelerate housing production. Identify specific regulatory reforms you support. If you cannot or will not, then most Vermonters will understand your opposition for what it really is – political theater performed at the expense of working families searching for places to live and businesses struggling to bring new hires to the state.”
The officials argued that environmental groups have “offered no actionable alternatives” and “haven’t proposed how to accelerate permitting while maintaining protections.”
Background on the Housing Crisis
Vermont needs approximately 30,000 to 40,000 new homes by 2030, according to the Vermont Housing Finance Agency. That requires building more than 5,000 homes annually through 2030 — a significant increase from the roughly 2,100 homes the state currently builds each year. Median home values have jumped by about 50% in four years, from less than $250,000 in 2019 to more than $375,000 by the end of 2023.
The Executive Order
On September 17, 2025, Governor Scott signed Executive Order 06-25 while the Legislature was out of session. The order included several changes to housing regulations:
Energy standards: Allows builders to comply with 2020 building energy standards instead of the more stringent 2024 standards, which builders claim add approximately $12,000 to the cost of an average home
Wetlands protections: Reduces buffer setbacks from 50 feet to 25 feet and eliminates permit requirements for certain unmapped wetlands
Act 250 timelines: Changes decision-making timelines under Vermont’s landmark development review law
Monthly reporting: Requires state agencies to report permit processing times and other metrics to the governor
Environmental Groups’ Opposition
In mid-October 2025, six advocacy organizations — the Vermont Natural Resources Council, Conservation Law Foundation, Sierra Club Vermont Chapter, Vermont Conservation Voters, Vermont Public Interest Research Group, and ACLU Vermont — sent a joint letter to state agency leaders arguing the executive order “directly undermines the authority of the legislature and the separation of powers.”
Paul Burns, Executive Director of the Vermont Public Interest Research Group, stated that “the Governor has exceeded his authority in kind-of rolling back important environmental protections and just unilaterally usurping the power given to the legislature.” He added: “We all want more housing. It’s a terribly important problem for the state to address. But doing it as the governor has really presents more legal challenges down the road and really could slow down the process.”
Elena Mihaly, Vice President of the Conservation Law Foundation, said that “achieving it by executive order that is on shaky legal ground really just makes things worse.”
Lauren Hierl, executive director of the Vermont Natural Resources Council, said policy decisions on these issues should be made via open discussion and debate. “Instead, we’re having to have this conversation about an illegal overreach of executive power, which is really frustrating and concerning,” she said.
The groups’ concerns focus on three main areas: constitutional authority, wetlands and water quality protections, and the potential for legal challenges that could create more uncertainty for developers.
Have Environmental Groups Proposed Alternatives?
The administration’s challenge centers on whether environmental groups have offered concrete solutions to accelerate housing production. A review of recent statements and positions reveals a mixed picture:
Opposition focused on process: In their public statements about the executive order, environmental groups have emphasized procedural and legal objections rather than proposing specific alternative reforms to speed housing development. Their October letter to state officials asks agencies to determine if they have authority to implement the changes and, if not, to halt implementation.
Previous legislative engagement: The Vermont Natural Resources Council did participate in developing the Vermont Natural Resources Board’s December 2023 report on Act 250 updates. In a January 2025 blog post, VNRC wrote that the report “reflects areas of common ground and outlines a framework for how Act 250 can be modernized to better protect our environment while also encouraging more housing to be built in viable locations.” The group advocated for a three-tier system that would encourage compact housing in some areas while maintaining protections for critical natural resources.
However, when asked specifically about alternatives to the executive order’s provisions — such as different approaches to energy standards, wetlands buffers, or permitting timelines — the groups have not publicly outlined specific counter-proposals.
Jon Groveman, the Vermont Natural Resources Council’s policy and water program director, said the council is giving the agencies a chance to respond and clear up the order’s implications “without having to go to court.” But the council will “consider all our options going forward” after the state responds, he added.
The Administration’s Argument
Moore and Johnson’s blog post frames the dispute as part of a larger national debate about regulatory barriers to progress. They reference work by New York Times columnist Ezra Klein on what he calls an “abundance agenda” — the idea that regulatory systems have become so complex that they prevent building the things society claims to need most.
“We say we need affordable housing, then create endless opportunities for delay,” the officials wrote. “We claim we want walkable downtowns and community schools filled with children and then make land-use policies that limit density and put homeownership out of reach for young families.”
The officials acknowledged that environmental groups have “clear expertise and legitimate perspectives” but argued that “expertise wielded not to provide constructive input and alternatives but to instead assert picayune process objections is mere obstruction.”
Support for the Executive Order
The pro-housing lobbying group Let’s Build Homes, led by former Burlington Mayor Miro Weinberger, praised Scott’s order. Weinberger stated that the order “rightly identifies outdated state rules and processes as significant barriers to building new homes.”
In a text message, Weinberger said the group would not comment on the procedural and legal objections to the order. “We continue to be appreciative that the Governor is attempting to use the independent authorities he does have to remove barriers to new homes,” he added.
Home builders and developers attended the press conference where Scott signed the order, expressing support for the regulatory changes.
Legislative Response
House Democrats said in a statement that while they were not alerted to the executive order before Scott signed it, “we are encouraged to see the Governor join us in recognizing the need for urgent action.” The statement added that they “will carefully review the order to ensure it reflects Vermonters’ values and priorities while protecting our environment.”
Real-World Effects
At least one developer has indicated the executive order might affect their project. In Manchester, builders of a 43-unit project indicated last month that the governor’s amendment to wetland buffer areas might offer flexibility for the project’s design, according to reporting from the Manchester Journal. The development has drawn scrutiny for being sited in a flood-prone area.
What Happens Next
Several key questions remain unresolved:
Will environmental groups propose specific alternatives? The administration’s challenge puts pressure on advocacy organizations to move beyond procedural objections and offer concrete proposals for how to speed housing production while maintaining environmental protections.
Will agencies implement the order? State agency leaders must determine whether they have the legal authority to carry out the executive order’s directives. The environmental groups’ letter asks agencies to halt implementation if they cannot prove they have authority.
Will there be legal challenges? Environmental groups have indicated they are considering legal action if state agencies proceed with implementation. Any lawsuit would test whether the governor exceeded his constitutional authority.
What will the Legislature do? When lawmakers reconvene in January 2026, they will have the opportunity to address housing policy through legislation. They could affirm, modify, or overturn elements of the executive order, or pursue entirely different approaches.
Will the order actually speed housing construction? The executive order requires monthly reporting on permit processing times and housing production. These metrics will provide data on whether the regulatory changes achieve their stated goal of accelerating home construction.
The dispute reflects broader tensions about how Vermont balances urgent housing needs with environmental protection, the appropriate role of executive authority versus legislative process, and whether the state’s regulatory system needs fundamental reform or simply better implementation.