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Friday, July 31st, 2009
If you can no longer bear the suspense, no, the News Guy was not admitted to the “Developmental and Environmental Regulation Seminar” sponsored by Associated Industries of Vermont Thursday.
Neither were any other reporters. At least two, one from the Burlington Free Press and one from Vermont Public Radio, had been told by telephone that wouldn’t be allowed in, so they didn’t show up.
Nobody else seems to have tried. Or cared.
Tough (or stubborn) bunch, that AIV. The combined censure of the News Guy, Shay Totten of Seven Days, St. Michael’s College journalism professor David Mindich (as reported in the Free Press), and even an uncharacteristically hard-hitting Free Press editorial did not shake AIV’s determination to hear speeches by the Secretary of Natural Resources and other senior state officials in secret.
Or maybe not so secret. This conference turned out to be even less a private, invitation-only, session than understood when its closed-to-the-press rule was condemned in Wednesday’s post (just scroll down). Anyone willing to pay the $45 fee could attend.
Come to think of it, a sneaky reporter who was a stranger to the event’s organizers (and one can always hire a ringer) could have paid the forty-five smackers and sat through the entire seminar. What with today’s technology, he could have surreptitiously filmed it and put the whole shebang on YouTube.
For all practical purposes, then, it was a public event, as well as a meeting between regulators and the owners of businesses they regulate. That made the ban on news coverage (and, especially, the acceptance of that ban by the public officials) even more objectionable. It also made the indifference of the rest of the state’s news outfits (excepting the Free Press, Seven Days, and VPR), more mysterious, if not more cowardly.
On the other hand, the all-but-public nature of the event meant there were people inside the meeting who were willing to talk to a reporter in the corridor outside. From their reports, the events within were useful, informative, and not at all shocking.
That YouTube, it seems, wouldn’t have been very interesting, much less the least bit scandalous.
Asked what he had said during his lunch speech, Natural Resources Agency Secretary Jonathan Wood said, “nothing different than if you’d been in the room,” an assessment confirmed by others.
Wood said he had not known the gathering would be closed to reporters until one of them, Candace Page of the Free Press, called him on Wednesday. Describing himself as an advocate of “a free and open society,” who cooperates with journalists, Wood said keeping reporters out of meetings did offer the advantage of allowing people to be more candid than they might be if they thought their remarks would be in the newspaper.
In politely denying the News Guy’s request to enter the meeting-room, AIV spokesman Bill Driscoll made the same point.
“Some people get intimidated,” he said. “They are private and shy about the press.” Having reporters in the room, Driscoll said, could stifle open discussion.
Their point can not be casually dismissed. But neither can this: People do what is in their interest, or at least what they think is in their interest. If IAV and its fellow-sponsors thought that their words and actions in that meeting would win them the approval of the public, they’d invite every reporter in the state and give them lunch for free. It is likely that one reason (though not the only one) they keep reporters out is that they’re not at all sure their words and actions will meet with public approval.
The subject of the meeting, after all, was “environmental regulation,” and many if not most of the business leaders in attendance want to weaken the state’s environmental regulations. Whether or not that is a wise outlook, it is in this state (and most the others) a decidedly minority outlook. Those advocating it probably want to minimize their visibility.
As mentioned Wednesday, the specific regulation (or set thereof) at issue now concerns areas of archeological significance. Or, more precisely, areas that might have archeological significance if we knew what was under them. Considering that some of these sites hold relics of people who lived in Vermont some 12,000 years ago, some people find them fascinating and important. Some do not.
The Agency of Commerce and Community Development has proposed changing the regulations for determining which sites get considered for possible architectural designation under Act 250. According to some archeologists, the proposed change in Section 4.2 would weaken protections because it removes the words “or potentially significant property or resource” from the list of criteria for considering whether a site should be examined for possible archeological significance.
Tayt Brooks, the Commissioner of Economic Development, Housing, and Community Affairs, who spoke at Thursday’s seminar, said there was “some confusion” over this language.
“The proposed rule does not change how we designate archeological sites,” he said, repeating earlier assertions that the administration is only interested in “clarification” of the permitting process.
Even John Groveman, general counsel for the Vermont Natural Resources Council, which opposes changing the regulations, conceded that this was “open to interpretation.” But Groveman said a provision in Section 4.7 requiring that some sites be designated “only in exceptional circumstances,” would prohibit – or at least discourage – looking for possible archeological finds in some areas. He also said the proposed change in the method of funding archeological searches threatened to cut off funding altogether, at least temporarily.
Well, the two sides and their lawyers will fight this out for a while, and Brooks acknowledged that “we will be making some changes and tweaks,” as the process moves along. Meanwhile, for those not immersed in the minutia, a few points:
–What’s the problem? Only a tiny fraction of projects that go through the Act 250 process have any archeological complication. According to the Division of Historical Preservation, in 2006 only 57, or 11 percent, of 501 Act 250 projects even required a site visit, which costs nothing. Only 16 of those projects required any further study, meaning that 97 percent of all projects were cleared for development with no cost to the developer.
–Context is important. Here the context is that Gov. Jim Douglas’s Administration is closely allied with the development community – builders, realtors, and their finances – and intent on “reforming,” which often means weakening, regulations.
Thanks to this alliance, environmentalists and their allies view any proposed rules change with suspicion.
“If you look at what’s happening with ANR (Agency of National Resources) and their attempt to streamline permitting and eliminating staff for enforcement, this is all part of a concerted effort by the Douglas Administration to build whatever, wherever, as much as possible,” said Rep. Tony Klein of Montpelier, the chairman of the House Natural Resources Committee.
–Never (or almost never) in the entire history of the human race has anyone proposed changing rules just for “clarification.” Process is not important; substance is. If the Administration wants to change the rules, it surely wants to change the results, perhaps not so that contractors can “build whatever, wherever,” but so they can build more, faster.
Which was precisely one of the goals of Thursday’s meeting. As Bill Driscoll acknowledged, the business community believes the permitting process is “too unpredictable, too open-ended, in terms of the delays and the costs involved.” IAV and its co-sponsors are allies of (and its members are campaign contributors to) the Governor.
None of which proves that some streamlining of the permitting process is not a good idea. Jonathan Wood’s point that permits ought to be granted “not to the applicant who can survive the (permitting) process but to the applicant who can comply with the regulations” seems sensible on its face.
But it is a good reason why, even if nothing much transpired at Thursday’s meeting, the public ought to know what goes on at these meetings just in case something does.
NOTE: The News Guy is taking next week off. New postings resume August 10.






