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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 10, § 1390 (2026)

✓ current as of May 2026
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Subchapter 001 : POLICY; DEFINITIONS

(Cite as: 10 V.S.A. § 1390)
Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 2009–2024 · leading case: State v. Atl. Richfield Co., 2016 VT 61 (Vt. 2016).
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State v. Atl. Richfield Co., 2016 VT 61 (Vt. 2016). · cites it 5× “On appeal, the State argues that § 462 exempts the State’s claims from the statute of limitations, and, alternatively, that the State’s claims arising under 10 V.S.A. § 1390, a statute that establishes a state policy that the groundwater resources of the state are held in trust…”
State v. Atl. Richfield Co., 2016 VT 22 (Vt. 2016). “The complaint set forth nine causes of action, including actions for restoration of damaged natural resources and groundwater in violation of 10 V.S.A. §§ 1390 and 1410, public and private nuisance, trespass, negligence, strict liability for design defect and failure to warn,…”
In Re DJK, LLC WW & WS Permit (Ralph Crowley & Joanne Crowley, Appellants), 2024 VT 34 (Vt. 2024). “See generally 10 V.S.A. §§ 1390(4), (5) (declaring as State policy “that the groundwater resources of the State are held in trust for the public” and that State’s “groundwater resources .”
Rhode Island v. Atl. Richfield Co., 357 F. Supp. 3d 129 (D.R.I. 2018). “, Vt. Stat. Ann. tit. 10, § 1390 (2008); In re Water Use Permit Applications , 94 Hawai'i 97 , 9 P.”
Williams Alaska Petroleum, Inc. & The Williams Companies, Inc. v. State of Alaska, Flint Hills Resources Alaska, LLC, & Flint Hills Resources, LLC, 529 P.3d 1160 (Alaska 2023). “2000), and Vermont, Vt. Stat. Ann. tit. 10, § 1390 (5). But some jurisdictions have not extended the doctrine or have limited its applicability.”
Sullivan v. Saint-Gobain Performance Plastics Corp., 226 F. Supp. 3d 288 (D. Vt. 2016). “10 V.S.A. § 1390(2). Management of hazardous waste is in a similar category.”
State v. Atl. Richfield Co. (Vt. Super. Ct. 2018). · cites it 10× “Civil action for natural resources damages and restoration, 10 V.S.A. §1390 II. Groundwater Protection Act, 10 V.”
State v. Atl. Richfield Co. (Vt. Super. Ct. 2015). · cites it 4× “Second, the State seeks review of the Court’s determination that 10 V.S.A. § 1390, as amended effective June 2008, did not create a new cause of action that began to accrue with the limitations period.”
Omya Solid Waste Facililty Final Certification (Vt. Super. Ct. 2011). · cites it 4× “In particular, the decision analyzed the several subsections of 10 V.S.A. § 1390 as they relate both to the quality and quantity of groundwater.”
Omya Solid Waste Facility Final Certification (Vt. Super. Ct. 2011). · cites it 2× “Importantly, the legislature in the same statute rewrote the policy section of 10 V.S.A. § 1390 to contain five specific policy declarations.”
state v. Atl. richfield (Vt. Super. Ct. 2023). “The State argues that one of its claims, brought under 10 V.S.A. § 1390, is timely as that statutory provision became effective in June 2008, which was within the limitations period.”
15 Bull Moose Road Wastewater Permit Appeal - Decision on Merits (Vt. Super. Ct. 2024). “” See, 10 V.S.A. § 1390. A restriction on the ability to extract groundwater within the presumptive isolation zone does not prohibit, interfere, or deprive them of all economic use of their property.”
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— Vt. Stat. Ann. tit. 10, § 1390(2) — 2 cases
Sullivan v. Saint-Gobain Performance Plastics Corp., 226 F. Supp. 3d 288 (D. Vt. 2016). “10 V.S.A. § 1390(2). Management of hazardous waste is in a similar category.”
State v. Atl. Richfield Co. (Vt. Super. Ct. 2018). “Civil action for natural resources damages and restoration, 10 V.S.A. §1390 II. Groundwater Protection Act, 10 V.”
— Vt. Stat. Ann. tit. 10, § 1390(4) — 2 cases
In Re DJK, LLC WW & WS Permit (Ralph Crowley & Joanne Crowley, Appellants), 2024 VT 34 (Vt. 2024). “See generally 10 V.S.A. §§ 1390(4), (5) (declaring as State policy “that the groundwater resources of the State are held in trust for the public” and that State’s “groundwater resources .”
State v. Atl. Richfield Co. (Vt. Super. Ct. 2018). “Civil action for natural resources damages and restoration, 10 V.S.A. §1390 II. Groundwater Protection Act, 10 V.”
— Vt. Stat. Ann. tit. 10, § 1390(5) — 3 cases
Omya Solid Waste Facililty Final Certification (Vt. Super. Ct. 2011). “In particular, the decision analyzed the several subsections of 10 V.S.A. § 1390 as they relate both to the quality and quantity of groundwater.”
State v. Atl. Richfield Co. (Vt. Super. Ct. 2018). “Civil action for natural resources damages and restoration, 10 V.S.A. §1390 II. Groundwater Protection Act, 10 V.”
Omya Solid Waste Facility Final Certification (Vt. Super. Ct. 2011). “Importantly, the legislature in the same statute rewrote the policy section of 10 V.S.A. § 1390 to contain five specific policy declarations.”
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