Friday, July 27, 2018

SCOVT dismisses appeal seeking advisory opinion.

In re Investigation into Programmatic Adjustments to the Standard-Offer Program,2018 VT 52 [filed 5/11/2018

REIBER, C.J. Appellant Renewable Energy Vermont (REV) asks this Court to reverse and remand an order of the Vermont Public Utility Commission1 that altered technology allocations in the standard-offer program for renewable energy projects. We conclude that REV seeks an advisory opinion and therefore dismiss the appeal for lack of jurisdiction.

“It is the tradition of constitutional common law that the establishment of legal doctrine derives from the decision of actual disputes, not from the giving of solicited legal advice in anticipation of issues.” Wood v. Wood, 135 Vt. 119, 121, 370 A.2d 191, 192 (1977). In other words, “ ‘courts are not instituted to render advisory opinions.’ ” Baker v. Town of Goshen, 169 Vt. 145, 151, 730 A.2d 592, 596 (1999) (quoting In 8 re Constitutionality of House Bill 88, 115 Vt. at 529, 64 A.2d at 172). The issues raised by REV are premature, and we therefore lack jurisdiction to consider them. See id. at 152, 730 A.2d at 597 (dismissing appeal that sought impermissible advisory opinion).

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