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VLS In the News

Georgia Election Case Against Trump Enters New Chapter
...requesting documents and information.  One expert says the former president could face a felony charge. "That phone call to the Georgia secretary of state really looks like there could have been possible solicitation to commit election fraud, which is under Georgia state law, a felony," said Jared Carter of Vermont Law School. "So this is a very serious crime." A Trump adviser  has said  there was nothing improper about the call. For full election coverage visit Election 2020 .
March 04, 2021
Salisbury votes to defund mosquito district, Endangered Species Committee recommends special permit
...Bridport, Cornwall, and Weybridge. Both are next to one another, both get $70,000 annually from the state for larvicide. The BLSG pays for its own adulticide chemicals with funds from the towns it serves. Mason Overstreet, staff attorney and assistant professor of law at the Environmental Advocacy Clinic at Vermont Law School, said that in 2019, a loose, informal coalition of environmental groups presented a report done by Arrowwood Environmental to the Vermont Endangered Species Committee showing that there is a high likelihood that five endangered bat species are being impacted by the BLSG's spraying of adulticide,...
March 03, 2021
Delaware fights to keep climate change suit in state court
...Sanders said.  Sanders says she disagrees with the state that none of the claims in the lawsuit could be heard in federal court—but says Delaware's standing under state law is clear. Delaware will likely succeed in getting the case remanded to state court, says Pat Parenteau, a professor at Vermont Law School involved with its Environmental Advocacy Clinic.  "The defendant oil companies are arguing multiple potential grounds for federal involvement, none of which have been accepted by any of the courts that have so far looked at the question," Parenteau said. "I don't expect there to be...
February 18, 2021
New video of Capitol riot shown at Trump trial
Dramatic new footage has been screened of last month's storming of Congress at the impeachment trial of Donald Trump. Security camera footage showed Trump's supporters breaking into the building. Senators also heard panicked radio messages between police as they were overwhelmed by the crowd. Officers ushered politicians to safety, sometimes within metres of the mob breaking into the chambers. We spoke to Jared Carter, professor of law at the University of Vermont who has been following developments closely.
February 11, 2021
Climate Litigants Push Supreme Court Fight Some Call Reckless
...could use a case like Juliana to set new constraints on environmental standing. Justices could also seize the opportunity to question whether certain climate questions belong in court at all, Case Western Reserve University law professor Jonathan H. Adler said, calling a Supreme Court bid in Juliana "particularly reckless." Vermont Law School professor Pat Parenteau said the risk is simple: "This is the most conservative Supreme Court we've seen in the modern age of environmental law. There is no chance of a favorable decision from this court." 'Narrow Question' But to Olson and her clients, continuing the...
February 11, 2021
ENVIRONMENTAL JUSTICE Biden picks leading civil rights attorney for EPA
...a key lawyer in filing Title VI complaints stemming from power plant pollution in Michigan, as well as coal ash dumps and landfills in Alabama. And she has represented local communities in suing the agency when it didn't take action on those complaints. Engelman-Lado is now a professor at Vermont Law School, and has previously worked at Yale Law School, Earthjustice, and the NAACP Legal Defense and Educational Fund. Vermont Law School praised her appointment yesterday in a statement, including noting that she established the school's Environmental Justice Clinic. "Marianne is the perfect person at... the perfect time to get EPA's EJ program on the right track," said Vermont Law School professor Pat Parenteau. "She is an accomplished civil rights lawyer with deep expertise in environmental law. She has earned the respect of the EJ communities by spending time with them, listening
February 02, 2021
Analysis: Is impeachment of Trump allowed under constitution?
...speech before the January 6 mob at the Capitol was protected by the First Amendment. In their case, House prosecutors said Trump was "singularly responsible" for the riot and must be banned from holding any future office. Darren Perron spoke with Jared Carter, a constitutional law professor at the Vermont Law School, about the upcoming Senate trial.
February 02, 2021
Trump’s Impeachment Defense Raises Flags for Legal Experts
Selsky) WASHINGTON (CN) — Securing new counsel with only a week to go before his second impeachment trial gets underway, former President Donald Trump's focus on relitigating the 2020 election has drawn alarm from legal experts. "I wouldn't make that argument," said Jared Carter, an assistant professor of law at Vermont Law School, referring to reports that Trump pulled in new attorneys Sunday night because his last team refused to hinge the case on so-called theft of the 2020 election.  "It's a bad legal strategy," added Carter. "The much stronger argument is that the Senate doesn't have the...
February 01, 2021
Ruling allows religious school students access to vouchers. Now what?
...church-and-state constitutional protection — its "compelled support clause" — will withstand Espinoza. The framers of the Vermont Constitution believed that "no person ought to be forced to make a contribution to the propagation of religious opinions with which he fundamentally disagrees," said Peter Teachout, a constitutional law professor at Vermont Law School.  "I think there's got to be some way to at once respect the compelled support clause and the underlying principle … and the Free Exercise Clause, which says you can't discriminate against religious institutions simply because of their religious status," he said. But these cases...
January 27, 2021
Vt. Law School welcomes 1st female president
SOUTH ROYALTON, Vt. (WCAX) - The Vermont Law School has a new interim president and dean, and she's making history. Beth McCormack is the first woman to hold the position. She succeeds Thomas McHenry, who announced he would be stepping down last November. McCormack has served as vice dean for students since 2017 and...
January 25, 2021
Biden Oil Leasing Halt Can Survive Legal Challenges, Lawyers Say
...will continue to defer lease sales until a court orders them to do otherwise." Legal Precedent Legal precedent does suggest that Interior can suspend leasing in order to conduct a new environmental review of its oil and gas leasing program, said Pat Parenteau, an environmental law professor at the Vermont Law School. For example, a federal court ruled that the Trump administration first needed to conduct an environmental review before it lifted an Obama-era coal leasing moratorium. Trump Interior officials did so, determined a deeper study wasn't needed, and the court allowed coal leasing to restart, Parenteau said.
January 25, 2021
Mandatory Covid shots? Vermont employers don’t expect it to come to that
...in Burlington, most of them now working remotely. "We haven't made any decisions about 'require.'" The CEO of United Airlines told CNBC Thursday that he wants to make the Covid-19 vaccine mandatory for the airline's 60,000 employees, and he thinks other companies should require it, too.  Jared Carter, a Vermont Law School professor who usually focuses on constitutional law, said he has no doubt some employers will require vaccination as a condition of employment. He expects that to happen in industries where workers regularly interact with the public, such as health care, transportation, and the hospitality industry. ...
January 24, 2021
Money and Politics Could Doom the Florida Panther — and the Endangered Species Act
...isn't hard to guess how that review will come out when the McMansion lobby is literally paying their salary." "The last thing in the world the agency should be doing is giving the public the perception that it has been bought." "It stinks," said Pat Parenteau, an environmental law professor at Vermont Law School. "The last thing in the world the agency should be doing is giving the public the perception that it has been bought." He said the Interior Department's Office of the Inspector General should investigate the matter. Spilker readily admits that the landowner coalition has advocated for...
January 24, 2021
The Water Tap: Controversy complicates the Cove Reservoir
...but to the whole community and the region as a whole." Potential court battle After the EIS is complete, which may take around a year , then the interpretation of what constitutes a 20% benefit to agriculture may fall to the courts, according to , a professor at the Vermont Law School. "That's an interesting question that only a court could settle. Not necessarily a matter of land versus water," Parenteau explained in an email. "It will require a plaintiff with standing to challenge the project under the Administrative Procedure Act. The plaintiff will have to prove that...
January 22, 2021
Our food system is broken — there's a blueprint to fix it
...milk and vegetables while children go hungry and be prepared for the next major food system disruption. We can build the food system we need for our society to survive and thrive for generations.  Laurie J. Beyranevand is the director of the Center for Agriculture and Food Systems at Vermont Law School. Emily Broad Leib is a clinical professor of law at Harvard Law School Food Law and Policy Clinic are lead authors of the recently published Urgent Call for a U.S. National Food Strategy. ...
January 21, 2021
Grim Prospects for Drilling on Arctic Leases Despite Trump Push
...seeking permission to conduct activities on the lease in the near future," Leshy said. "The state is not really in the drilling business, so I'd assume it'd take some time for them to negotiate a contract with someone to do that work." Pat Parenteau, an environmental law professor at Vermont Law School, was even more blunt on the chances. "I don't think we are going to see any drilling," Parenteau said. "AIDEA is not an oil company with the capability of actually conducting the exploration or production. It bought the leases on spec with the intent to...
January 21, 2021
Could Baltimore’s Climate Change Suit Become A Supreme Court Test Case?
...federal court system, or in 50 separate and different state court systems," he said. "The city cannot pretend that its climate change allegations are local in nature. The city's alleged causes of action are unavoidably nationwide or global in scope." Pat Parenteau, a professor of environmental law at the Vermont Law School, said he thinks it is likely that the court will choose to go beyond the narrow issue of whether the Fourth Circuit ruled correctly in upholding a district judge's finding that Baltimore's case belongs in state court. "The court isn't going to be satisfied with...
January 20, 2021
The Daily 202: ‘A vote of conscience.’ Five House Republicans explain why they will vote to impeach Trump today.
...with him, and he will not pressure his colleagues to oppose or support convicting the president. "He's not going to whip the vote," said the adviser, who spoke on the condition of anonymity to discuss private conversations. A McConnell spokesman declined to comment." Constitutional law professor Jared Carter of Vermont Law School outlines the lasting legal ramifications of impeaching President Trump for a second time. (The Washington Post) On Tuesday night, the House passed a resolution on a 223-to-205 vote calling on Vice President Pence and the Cabinet to use their powers under the 25th Amendment to...
January 13, 2021
Constitutional law expert weighs in on potential Trump impeachment
Carter says there’s a chance the House will wait until after the Biden administration takes over and democrats take control of the Senate to hold a trial. “I wouldn’t be surprised to see the House of Representatives wait to deliver the Article of Impeachment to the Senate, because there is no requirement under the Constitution that they deliver them immediately after the articles have been passed, after the president’s been impeached,” Carter explained. “And then after the inauguration and swearing-in ceremonies, the balance of power in the Senate shifts dramatically to the other party and they’ll be able to control the agenda moving forward, and then I think it’s quite possible we’ll see movement in a trial. Whether they can get a conviction with the Senate so evenly-split -- I think remains to be seen. There are some Senate republicans who have indicated they would go along with it
January 13, 2021
Breaking Down Congress' Options to Impeach and Punish Trump for His Role in the U.S. Capitol Riots
The U.S. House is moving forward quickly with a second impeachment of President Trump, but what happens next? Jared Carter, a constitutional law scholar at Vermont Law School, joined LX News to break down the congressional options to penalize Trump for his role in the deadly U.S. Capitol riots.
January 12, 2021
Could Trump pardon himself before leaving office? What to know - CNET
...of the law doesn't explicitly state that a president can't grant self-clemency from prosecution. It comes down to the interpretation. Some legal scholars suggest that if it isn't in the text, then it's not legal.  "No president has the constitutional authority to self-pardon," said Jared Carter, assistant professor at Vermont Law School .  While no president has yet attempted to pardon himself, President Richard Nixon did ask the Office of Legal Counsel in 1974 for an opinion on the matter while he was entrenched in the Watergate scandal .  "Under the fundamental rule that no one may...
January 11, 2021
Justice Dept. to Argue on Side of Oil Companies in Supreme Court Hearing
...giants have agreed to cede.  "The United States and its officers are frequent litigants, and it therefore has a significant interest in the proper application of statutory provisions governing federal appellate jurisdiction," Wall wrote in a motion filed last month.  Pat Parenteau, a professor of environmental law at the Vermont Law School, said the granting of Wall's request by the Supreme Court  isn't unusual—even considering Wall will likely be out of that post two days later when President-elect Joe Biden is inaugurated and begins the process of installing his own administration.   "It's fairly common for the court...
January 11, 2021
What Trump's dismal deregulatory record means for Biden
...process. "It's not that it's a slam-dunk," he said. "It's that the big picture part of the rule — how broadly or narrowly do we construe jurisdiction — that question is ... where I think the Trump administration is defending relatively strong legal ground." Pat Parenteau, a professor at Vermont Law School, suggested that Biden should seek to have all the cases challenging the Trump water rule consolidated. Then the president-elect should ask for a stay of the Trump rule while his EPA drafts a new regulation, he said. But Parenteau cautioned that process is likely to...
January 11, 2021
Vermont AG calls for firing of trooper over social media posts on Capitol riot
...of Vermonters during an already indescribably stressful time in our national history, and for that, we are saddened and sorry," Vermont Public Safety Commissioner Michael Schirling said in a statement Thursday. First Amendment rights are different when it comes to public government employees according to Jared Carter with the Vermont Law School. He says they are allowed to have personal views, like supporting specific candidates, but that does not extend to condoning violence. "A police officer has a First Amendment right to comment on issues of public concern, they can't promote terrorism, they can't promote insurrection and...
January 08, 2021
Trump Administration Offers Drilling Leases in the Arctic Refuge, but No Major Oil Firms Bid
...the refuge was unlawful.  The groups involved in those lawsuits saw a setback earlier this week when U.S. District Court Judge Sharon Gleason denied their effort to stop the lease sale. But the lawsuits are far from over, according to Patrick Parenteau, a professor of environmental law at the Vermont Law School. Once the Biden administration inherits the role of defending the lawsuit, everything will change.  "There is a legal basis for the Biden administration to come into court and settle the case, or confess error and request a remand and cancel the leases," said Parenteau. "I...
January 08, 2021
Daybreak Jan 7: Extraordinary day sees Democrats flip Senate control
...however. One area he will have to address is DOJ's position in litigation over the "waters of the U.S." rule, where the department is currently defending the Trump administration's new definition. "It's a superb choice for the same reasons he would have made a great Supreme Court Justice," says Vermont Law School professor Patrick Parenteau. "He's wicked smart, impartial and objective, open to persuasion on the facts and law, follows precedent, respects science, defers to agencies when they deserve it, and not when they don't, and has a modest temperament and demeanor on the bench. He's a...
January 07, 2021
San Deigo's Morning News
There are questions, you know, can the president use, for instance, the chaos that we saw yesterday in D.C. to declare any kind of emergency constitutionally? And what would that look like? Well, there are federal laws, the Insurrection Act, that do allow, in certain circumstances the president to declare an insurrection or a national emergency. I think that's entirely unlikely. It looks as though the National Guard, the Capitol Police, D.C. police have got this under control. And for an insurrection to be declared, you really have to have civil authorities in complete chaos, unable to control the situation. And that's not what we're facing. So sure, the president could try to do that, although I don't think you can tweet right now. Speaking of social media, I'm not sure exactly how he'd get that message out, but I think that also is pretty unlikely. All right. Jared Carter,
January 07, 2021
Vermont professor: Trump, Giuliani 'violated federal statutes' by soliciting violence
MONTPELIER, Vt. ( WFFF ) — Vermont Law School professor Jared Carter said Wednesday night that based on his reading of federal statutes, the rioters "who entered the (U.S) Capitol, resulting in a death, committed what federal law defines as terrorism." Capital Region officials react to protests at U.S. Capitol Carter added that the...
January 07, 2021
Local 22 News This Morning
hill. local 22's mike hoey checked in on them... on social media wednesday night, vermont congressman peter welch said the washington d-c rioters had a leader -- and an objective. Rep. Peter Welch"The leader -- make no mistake -- was President Donald j. Trump. The objective? To advance his goal of overturning the election of Joseph Biden."NEW york congresswoman elise stefanik says in part, QUOTE:"Americans have a Constitutional right to protest and freedom of speech, but violence in any form is absolutely unacceptable and anti-American. My staff and i are safe. We pray that my colleagues on both sides of the aisle, that my colleagues on i are safe. We pray American. My staff and unacceptable and anti-any form is absolutely speech, but violence in protest and freedom of speech, but violence in any form is absolutely unacceptable and anti-American. My staff and i are safe. We pray that my
January 07, 2021
WCAX This Morning First at 4:30a
We asked jared carter from the vermont law school to provide some analysis and insight into what may be discussed in the coming days ((dom: Jared Carter thank you for being here. Governor Phil Scott and Congressman Peter Welch have called for president Trump to be removed from office. Is that even a possibility at this point, without going through any sort of impeachment process?)) ((jared carter: Well, i think absolutely it's a possibility, uh, under the 25th amendment to the United States constitution, there's a clear process by which the vice president and members of the cabinet, uh, can remove a president if they are unable to fulfill their constitutional duties. )) dom: Is that something that is even likely at this point there there's so little time left.((JARED carter: i think it can be done very quickly, whether it's politically the proper approach, whether that's, what's going
January 07, 2021
Fox 44 News at 10pm
repairing our democracy and the damage that has been done to it by donald trump." courtney vermont's lone member of the house says he's safe. and so do other members of our region's congressional delegation. loca44's mike hoey checks in on them... and with a local expert on constitutional law. mike?mike a professor at vermont law school tells us... encouraging insurrection against the government ámay fall under the federal sedition acts. but first amendment concerns make a charge of sedition ávery difficult to prove. on social media wednesday night, vermont congressman peter welch said the washington d-c rioters had a leader -- and an objective. Rep. Peter Welch"The leader -- make no mistake -- was President Donald j. Trump. The objective? To advance his goal of overturning the election of Joseph Biden."NEW york congresswoman elise stefanik says in part, QUOTE:"Americans have a
January 07, 2021
Robert Sand: Indigent have right to public defenders for any charge
Editor's note: This commentary is by Robert Sand, who is the founding director of the Center for Justice Reform at Vermont Law School and a former Windsor County state's attorney. He is also the high bailiff-elect for  Windsor County. "The spirit of liberty remembers that not even a sparrow falls to earth unheeded." So wrote famed jurist Learned Hand paraphrasing a biblical passage. In 2019, the Vermont House...
January 06, 2021
EPA finalizes science rule expected to have limited effect on power sector, but NGOs still see threat
...that because the rule is procedural, the Biden administration can "kill it" easily. " The key is that it is an internal 'housekeeping' rule that does not have any binding effect on the public," said Patrick Parenteau, professor of Law and senior counsel in the Environmental Advocacy Clinic at Vermont Law School. Follow Catherine Morehouse on...
January 06, 2021
Can Biden Reverse Trump Environmental Damage? 
Pat Parenteau, a professor of environmental law at the Vermont Law School, discusses the challenges President-elect Joe Biden will face in reversing President Trump's rollback of environmental policies and rules. Robert Iafolla, Bloomberg Law Reporter, discusses whether employers can mandate that employees get the Covid-19 vaccine. June Grasso hosts.
December 30, 2020
Two Vermont Law School Professors Elected to the American Law Institute
...-- The Vermont Law School issued the following news release: Vermont Law School (VLS) professors Hillary Hoffmann and Jonathan Rosenbloom have been elected to The American Law Institute (ALI), a leading independent organization that produces scholarly work that clarifies, modernizes, and improves the law, and therefore, the administration of...by the ALI Council based on their merits and potential contribution to the Institute. "Election to The American Law Institute is a tremendous accomplishment and a real testament to the expertise and dedication that Hillary and Jonathan bring to the legal profession," said VLS Dean and President Thomas McHenry. "Having two Vermont Law School professors elected to the Institute in one year speaks volumes about the quality of our faculty and how they are viewed by their colleagues across the county." Professor Hoffmann's areas of expertise
December 22, 2020
Greater Pittsburgh Food Action Plan Prioritizes Justice in the Food System
...be grounded in the realities of people's experiences," Applefield tells Food Tank. "Many of the strategies outlined in the plan come directly from comments we heard during these engagement sessions or roundtables." Laurie Beyrenevand, Director of the Center for Agriculture and Food Systems and a Professor of Law at Vermont Law School, advocates for a more streamlined national food policy. She agrees that community input is critical to the success of any food systems work. Beyrenevand tells Food Tank that for food policies to be developed by the people they serve, there have to be substantial opportunities...
December 21, 2020
NBC5 News at 11
attorney jared carter says it's time to take a step back. to look at the timeline of how this change could play out. 00;04;44;10-- 00;04;49;17 vermont law school :05 "no body's heat's gonna be shut off tomorrow. there's not tax coming tomorrow or even after town meeting."> carter says it could take years before burlington residents could see a change in the vermont law school "the language that was passed by city council requires another vote in which a majority of burlingotonians would approve any payment or any fee (áááliveááá) the next step of voting on this issue is on town meeting day. if it is approved.... the item will get passed on to the state legislature. who will have the final - (áááwptz at 11 transááá) (ááábrianááá) (ááátzááá) still ahead, new housing... heading to áplattsburgh. where it's going... and when units could be move-in ready... (ááásports desk transááá) (
December 15, 2020
Courts Skeptical of ‘Chevron’ May Stymie Biden’s Agenda
...conservative judges , many of them handpicked by groups intent on dismantling regulations. And with Barrett confirmed, the 6-3 conservative majority on the Supreme Court is likely to chip away at Chevron and other legal doctrines that give deference to agencies. "It's a big threat," says Patrick Parenteau of Vermont Law School, an expert on environmental regulations. Courts are "going to demand a whole lot more justification for what the agencies are doing." Already, libertarian groups such as the Pacific Legal Foundation are gearing up for fights with the Biden administration over financial regulations, environmental rules, and new policies...large portions of Biden's policy agenda could hinge on the ability of the EPA and other agencies to establish policies that pass muster with at least one of those conservative justices. "You better have a bobblehead doll of Kavanaugh on
December 15, 2020
Fox 44 News at 10pm
jared carter is a professor at vermont law school and expert in state and federal constitutional law. the supreme court appeared to agree with his assessment friday night, issuing an order that read "tex has not demonstrated a judicially cognizable interest in the manner in which another state conducts its elections. all other pending motions are dismissed as moot." governor phil scott condemned the lawsuit, and seemed particularly disturbed by the fact that 17 A-Gs backed it. "Republican Governors, Republican Lieutenant Governors and Republican Secretary of States have signed off on the elections in their states, said they certified them. For this lawsuit to come about and try and challenge some of those states is unnecessary and a bit pathetic in some respects. We need to move on."EVEN
December 11, 2020
The Best Law Schools For Women (2021)
...student answers to a single survey question: whether all students are afforded equal treatment by students and faculty regardless of their gender. According to Princeton Review , these are the law schools where women stand on equal footing with their male classmates: 1. Stanford University School of Law 2. Vermont Law School 3. New England Law – Boston 4. University of Toledo College of Law 5. University of the District of Columbia David A. Clarke School of Law 6. UC Davis School of Law 7. St. Thomas University School of Law 8. Charleston School of Law 9....
December 11, 2020
What’s Vermont’s stake in Facebook lawsuit?
...the social media giant has become a powerful monopoly by purchasing smaller companies like Instagram, stifling competition and innovation. Many companies take over smaller competition in an effort to better their own product, so why is this different and worthy of such a large lawsuit? Darren Perron spoke with Vermont Law School professor Jared Carter about the legal action against the social media giant.
December 10, 2020
What one far-right website's removal reveals about the future of webhost law
...case before taking it before a court of law. But he concludes that "leaving such important decisions to the discretion of Internet hosts is misplaced and tilts the balance in favor of silencing often legitimate voices."   Tackling misinformation is far harder than it initially seems  Jeannette Eicks, a law professor at Vermont Law School and director of the Center for Legal Innovation, notes that there would be little legal repercussions possible under normal circumstances. Section 230 of the Communications Decency Act protects companies like Automattic from legal lawsuits over their users' posts on their website. However, Eicks believes that...
December 10, 2020