Conservation Law Foundation
Many of the issues of deepest concern to the Lintilhacs relate
to the environment, and the Foundation’s increasing support of
advocacy has led to a natural, strong relationship with Conservation
Law Foundation (CLF). CLF, founded in 1966, is the oldest environmental
law organization in the country. Initially focused on projects
in and around Boston, CLF catapulted to national prominence in
the late 1970s by effectively blocking the federal government and
the oil industry from drilling at Georges Bank, the most important
of New England’s commercial fishing grounds. This success propelled
CLF to expand, eventually organizing offices in five New England
states (Vermont’s opened in 1988), and adopting a mission that
“works to solve the environmental problems that threaten the people,
natural resources, and communities of New England.”
In Vermont, several of CLF’s top priorities are in lockstep with
those of the Lintilhacs. Water quality, energy alternatives, and
land-use planning that resists sprawl are each issues on which
CLF has scored major victories in recent years. Their work often
gets heated, particularly given Vermont’s small scale and tightly
knit business and social networks. CLF’s hard line and record of
success frequently leads them to be cast by the business community
as saboteurs of economic progress.
A case in point is a 2006 move against two leading Vermont companies:
Pike Industries, an asphalt-paving manufacturer, and Cabot Cooperative
Creamery. CLF challenged both on grounds they failed to obtain
the necessary permits to dispose of their pollutants through stormwater
drainage systems as they have in other New England states. Although
Vermont had not yet implemented an official system for obtaining
these permits as mandated by the Clean Water Act (it is one of
the last states to do so), CLF maintained Pike and Cabot were polluters
that could easily have found other ways to secure the permits,
as have other businesses in the state. CLF’s action drew harsh
criticism from state government and the business community as attention-seeking
litigation, but CLF “lakekeeper” Tim Burke maintained, “The Clean
Water Act specifically provides for citizen suits when the state
is not taking enforcement action, and that’s the situation we have
right now. Since the state has not enforced the law, CLF is taking
on that responsibility.”
CLF’s steady dedication to enforcement of the Clean Water Act
led to a major victory in 2004 when they set a new legal precedent
for stormwater regulation. In response to a proposed development
of a Lowe’s Home Center adjacent to a brook feeding Lake Champlain,
CLF successfully argued to the Vermont Water Resources Board for
a halt to construction. At issue was a section of the Clean Water
Act barring the
granting of permits for projects that would add pollution to an
already-polluted water source. According to CLF Vermont Advocacy
Center Director Chris Kilian, “The key to the ruling was that never
before has an administrative board stopped a construction project
using the section of the Clean Water Act that protects already-endangered
waters.” In 2006 this led to significant commitments from Lowe’s
to prevent and clean up stormwater associated with its development
activities.
From stormwater regulation to energy initiatives including wind
power and resistance to a current, massive, non-efficient transmission
upgrade by the Vermont Electric Power Company (VELCo), CLF’s commitment
and fearless approach are of great value to Vermont’s long-term
future in the eyes of the Foundation. “They’re willing to get involved
in controversial issues and they demand enforcement,” says Crea.
“They tell you why you should care.”
CLF actively supports the development of renewable energy sources
in Vermont such as wind power.
CLF’s commitment to strictly enforce the Clean Water Act establishes
the organization as Vermont’s front line to safeguard the state’s
waterways.