Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Fall 2018, Vol. 44, No. 3 | Page 27

DISPUTE RESOLUTION SECTION
Chairs : Neil Groberg and Richard Hecht , Esqs .
With over 135 members strong , the members of the Dispute Resolution Section continue to strive to make mediation , arbitration and facilitation more utilized , accepted and publicized in Vermont ’ s legal community . Internally , renewed efforts have been made by Co-Chairs Rick Hecht and Neil Groberg to keep the members informed and communicate with each other . Given the geography of the state and the busy practices of our members , this has been accomplished primarily through VBA Connect .
VBA Connect postings regarding about available commission positions ; possible assignments ; legislation and topical issues have dominated . Examples included postings on the open neutral positions to the Vermont Labor Relations Committee and the change in the law related to those appointments . Another example of the proactive nature of the use of VBA Connect was an engaging discussion about # Metoo and the value of mediation in that context . In this regard , we are excited about the forthcoming workshop at the VBA Annual Meeting entitled “ Arbitration in Vermont ” featuring a panel of distinguished arbitrators .
The Section anticipates becoming even more vibrant in the coming year and welcome suggestions from all Bar members regardless of Section on opportunities for Dispute Resolution and interaction with the DR Section .
ELDER LAW SECTION
Chair : Glenn Jarrett , Esq .
The Elder Law Section co-sponsored Vermont NAELA ’ s annual Summit . The 2018 Summit is focusing on three timely topics : Planning for Camps and Second Homes ; Financial Exploitation of Elders and Digital Assets .
In addition , Section members reviewed proposed legislation on financial exploitation of elders and gave informal advice about the legislation to Attorney General ’ s Office members . A segment of VBA ’ s Probate Law Day in June also focused on financial exploitation of vulnerable adults .
ENVIRONMENTAL LAW SECTION
Chair : Gerald Tarrant , Esq .
At this past June ’ s annual VBA CLE we continued our review and discussion of how the courts accord deference to the Agency of Natural Resource ’ s statutory authority and expertise . In re Korrow Real Estate , LLC ,
2018 VT 39 ( No . 2017-133 ). Perhaps the single most important issue encountered in 2018 has been the celebration and scrutiny of Act 250 . With its Fiftieth Anniversary in clear sight , the 2017 Legislature passed Act 47 creating the Commission on Act 250 to review the purpose and goals of Act 250 , listen to the views of Vermonters on how best to maintain the environment , and potentially recommend improvements to the State ’ s comprehensive land use law . This law could well influence more than the ten criteria of Act 250 and its process , but also ANR permitting , municipal review and oversight , renewable energy review and perhaps insert new criteria dealing with climate change and other issues . By statute , the Chair of the Environmental Section of the VBA is one of several advisors to the Commission .
Non-profits , state agencies , planners , the development community and members of the public including the legal community have provided comments and / or proposals for changes relative to the Natural Resources Board , the district commissions , and the Environmental Division of Superior Court . The Agency of Natural Resources , other state agencies , the Vermont Planning Association and municipalities have generally argued for more oversight by ANR and a larger say by ANR in the process , with lesser oversight and control by the District Commissions . Some groups and citizens have argued for a return of the old Environmental Board , while others maintain the Environmental Division of Superior Court offers the fairest review process and should be maintained . There is no shortage of positions and recommendations , including the idea of placing renewable energy projects under Act 250 review .
The Commission is Chaired by Sen . Amy Shelden , Middlebury . The Commission includes Sen . Dick McCormack , Windsor , Sen . Christopher Person , Burlington , Sen . Brian Campion , Bennington , Rep . David Deen , Westminster , and Rep . Paul Lefebvre , Newark . At the end of this year , the Commission will deliver a report to the 2019 Legislature that analyzes how Act 250 has performed and may offer recommendations for possible improvements . Members from the Environmental Section have participated in the Commission ’ s numerous meetings and hearings around the State and have provided input both at the Section ’ s most recent CLE and through the VBA . Please utilize VBA connect to share any thoughts you have about Act 250 and any recommended changes to the present law .
FAMILY LAW SECTION
Chair : Patricia Benelli The Family Law Section has been focusing
on statutory changes in both state and federal law this year . In state law , Susan Murray and Kurt Hughes were largely responsible for--and are to be commended for--a monumental rewrite of Vermont ’ s outdated parentage statute . Several members of the section testified on this bill in the legislature , and it was passed into law in the spring . There has also been much activity- -but as yet no results--concerning a rewrite of the alimony and child support guidelines as a result of the recent dramatic changes in federal tax law . The Section will be sponsoring a CLE at the VBA annual meeting with updates on family law rules , statutes and case law . It has a busy agenda for the upcoming year , and the schedule for regular meetings has been announced .
GOVERNMENT AND NON-PROFIT SECTION
Chair : James Porter , Esq .
The Government and Non-Profit Section saw its membership grow with the addition of members of the Department of State ’ s Attorneys & Sheriffs and the Office of the Attorney General . In addition , the section was given a seat on the VBA Board and Joshua Diamond , Deputy Attorney General , was
What ’ s New
www . vtbar . org THE VERMONT BAR JOURNAL • FALL 2018 27