Vt. R. Env. Ct. Proc. 5
Reporter's Notes-2020 Amendment
Rule 5(a)(2), (b)(1), (c), (f), (h)(1)(A), and (k)(1) is amended to clarify that the cross references are to the 2010 Vermont Rules for Electronic Filing. See Reporter's Notes to simultaneous amendment to V.R.E.C.P. 3.
Reporter's Note - 2018 Amendment
Rule 5 is amended to change its 5-, 10-, 15-. and 20-day time periods to 7, 14, and 21 days consistent with the simultaneous "day is a day" amendments to V.R.C.P. 6, which adopts the day-is-a-day counting system from the Federal Rules. See Reporter's Notes to simultaneous amendments of V.R.C.P. 6.
Reporter's Notes-2009 Amendment
Rule 5(b)(3) is amended to provide that the notice of appeal must advise all interested persons of the need to enter an appearance in accordance with Rule 5(c) in order to participate in the appeal. Rule 5(c) provides that persons other than intervenors under 10 V.S.A. § 8504(n) may enter an appearance by filing and serving written notice of it within 20 days after service of the last notice of appeal to be filed. Under subdivision (c), prior parties retaining party status, parties by right, and the Natural Resources Board or its panels who intervene "may file and serve an appearance in a timely fashion." Other intervenors "may enter an appearance by filing a timely motion to intervene." See Reporter's Notes to V.R.E.C.P. 5(c). Under Rule 5(b)(4)(A)-(C), the appellant is required to serve a copy of the notice of appeal on interested persons and other required persons or parties. To supplement the warning of the need for entry of appearance now contained in the notice of appeal, appellants should use Environmental Court Form 900 as a cover letter when mailing the notice. See http://www.vermontjudiciary.org/eforms/Form%20900.pdf.
Rule 5(d)(2) is amended to correct a drafting error in the original rule.