OTTER CREEK SOLAR v. AGCY. OF NATURAL RES.

No. 22-AP-048.

295 A.3d 839 (2022)

2022 VT 60

OTTER CREEK SOLAR LLC & PLH LLC v. VERMONT AGENCY OF NATURAL RESOURCES et al.

Supreme Court of Vermont.

December 2, 2022.


Attorney(s) appearing for the Case

Michael Melone , Allco Renewable Energy Limited, New Haven, Connecticut, for Plaintiffs-Appellants.

Susanne R. Young , Attorney General, and Laura B. Murphy , Assistant Attorney General, Montpelier, for Defendant-Appellee Agency of Natural Resources.

PRESENT: Reiber, C.J., Eaton, Carroll, Cohen and Waples, JJ.


¶ 1. Plaintiffs, the developer of a solar electric generation facility and the owner of the project site, appeal the dismissal of their complaint for declaratory and injunctive relief against the Vermont Agency of Natural Resources (ANR). Plaintiffs sought a ruling that two guidance documents and a plant-classification system created...

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