Environmental and Land Use

Vermont Agency of Natural Resources v. U.S. Fire Insurance Co.
Ms. Asay litigated and won this important appeal in the Vermont Supreme Court, which established the state’s right to bring direct actions against insurers that provided coverage for properties contaminated by leaking fuel tanks.

In re B&M Realty
In this high-profile land use appeal, Ms. Asay successfully advocated for the Vermont Natural Resources Board, which enforces Vermont’s statewide land-use law. The Vermont Supreme Court agreed with the Board that a proposed mixed-use retail development conflicted with the regional land-use plan and overturned the permit for the project. Numerous amici supported that outcome, including the Vermont Natural Resources Council and Preservation Trust of Vermont. (Appellant’s BriefOpinion)

In re Appeal of Plum Creek Maine Timberlands, LLC
After a state trial court overturned an administrative ruling that Plum Creek—owner of thousands of acres of forest land in Vermont—violated its forest management plan, Ms. Asay handled the successful appeal to the Vermont Supreme Court. The Court reversed, reinstated the finding against Plum Creek, and reaffirmed the deference afforded the state forestry department. (Opinion)

Brod v. Agency of Natural Resources
Ms. Asay successfully argued that the plaintiffs’ challenge to an agency rule governing solid waste management failed for lack of standing.