Vermont § 594 - Cause of action

Full text of Vermont Vermont Statutes Online § 594 — Cause of action, with citation guidance and answers to common questions.

§ 594. Cause of action

  • (a) Any person may commence an action based upon the failure of the Secretary of Natural
    Resources to adopt or update rules pursuant to the deadlines in section 593 of this
    chapter. (1) The action shall be brought pursuant to Rule 75 of the Vermont Rules of Civil Procedure
    in the Civil Division of the Superior Court of Washington County. (2) The complaint shall be filed within one year after expiration of the time in which
    the Secretary of Natural Resources was required to adopt or update rules pursuant
    to section 593 of this chapter. However, a person shall not commence an action under
    this subsection until at least 60 days after providing notice of the alleged violation
    to the Secretary. (3) If the court finds that the Secretary has failed to adopt or update rules pursuant
    to the deadlines in section 593 of this chapter, the court shall enter an order directing
    the Secretary to adopt or update rules. If the court finds that the Secretary is taking
    prompt and effective action to adopt or update rules, the court may grant the Secretary
    a reasonable period of time to do so. (b) Any person may commence an action alleging that rules adopted by the Secretary pursuant
    to section 593 of this chapter have failed to achieve the greenhouse gas emissions
    reductions requirements pursuant to section 578 of this title. (1) The action shall be brought in the Civil Division of the Superior Court of Washington
    County. (2) The complaint shall be filed within one year after the Vermont Greenhouse Gas Emission
    Inventory and Forecast published pursuant to section 582 of this title indicates that the rules adopted by the Secretary have failed to achieve the greenhouse
    gas emissions reductions requirements pursuant to section 578 of this title. However, a person shall not commence an action under this subsection until at least
    60 days after providing notice of the alleged violation to the Secretary. (3) If the court finds that the rules adopted by the Secretary pursuant to section 593
    of this chapter are a substantial cause of failure to achieve the greenhouse gas emissions
    reductions requirements pursuant to section 578 of this title, the court shall enter an order remanding the matter to the Secretary to adopt or
    update rules that achieve the greenhouse gas emissions reductions requirements consistent
    with this chapter. If the court finds that the Secretary is taking prompt and effective
    action to comply, the court may grant the Secretary a reasonable period of time to
    do so. (c) In an action brought pursuant to this section, a prevailing party or substantially
    prevailing party: (1) that is a plaintiff shall be awarded reasonable costs and attorney’s fees unless doing
    so would not serve the interests of justice; or (2) that is a defendant may be awarded reasonable costs and attorney’s fees if the action
    was frivolous or lacked a reasonable basis in law or fact. (d) Nothing in this section shall be construed to limit the rights, procedures, and remedies
    available under any law, including the Vermont Administrative Procedure Act pursuant
    to 3 V.S.A. chapter 25. (Added 2019, No. 153 (Adj. Sess.), § 4, eff. Sept. 22, 2020.)

Source: official Vermont text · Last verified 2026-08-27

Frequently Asked Questions About Vermont § 594

What does Vermont Statutes Online § 594 cover?

Section 594 ("Cause of action") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 594?

A common citation format is "Vermont Statutes Online § 594" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 594 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.