Lake Bomoseen Preservation Trust (LBPT)

Misrepresentation For Political Gain Vs. Legal Integrity
How the Vermont Natural Resources Council Is Misrepresenting My Appeal
by Lindsey C. Waterhouse

I am writing to correct misinformation published by the Vermont Natural Resources Council (VNRC) regarding my appeal to the Vermont Agency of
Natural Resources’ denial of Permit Application No.
3642-ANC-C. That permit sought to control one aquatic invasive species - Eurasian
watermilfoil - in Lake Bomoseen.

What This Case Was — and Was Not
My appeal, filed pro se (without an attorney), was brought by me alone.The Lake Bomoseen Association (LBA) and the Lake Bomoseen Preservation Trust (LBPT), which jointly developed and funded the permit application,
did not appeal. They supported my effort but were
not appellants.

Most importantly, the courts did not rule on the science or merits of the case. The Environmental Court and Vermont Supreme Court dismissed my appeal solely on procedural grounds, finding that I lacked “standing.” In other words, the case was never heard on its merits or substance.

The ruling was not about whether Eurasian watermilfoil is a serious invasive species. It was not about whether herbicide treatment is scientifically valid. It was not a rejection of Vermont DEC’s established invasive species control framework. It was a procedural decision about
who is allowed to appeal.

Why I Appealed
I am a retired environmental engineer, a graduate of
Norwich University and a decorated U.S. Air Force Bio-Environmental Engineer. I later worked in environmental management for the State of Vermont and major medical
institutions. I also served on the Board of the
Lake Bomoseen Association and currently serve with the Lake Bomoseen Preservation Trust - both
501(c)(3) nonprofits dedicated solely to protecting the lake.

My appeal was based on what I believe was a procedural error in the permit denial process. Vermont’s own Surface Water Management Strategy identifies aquatic invasive species as a major stressor to state waters. Twelve Vermont lakes currently use approved methods,
including selective herbicide treatment, to control
Eurasian watermilfoil.

Lake Bomoseen was denied the opportunity to modify or correct its application - an opportunity afforded in other cases.

Political Gain vs. Integrity
VNRC’s public posting suggests that the Vermont Supreme Court “upheld denial of chemical treatment.” That framing is misleading. The Court did not evaluate chemical treatment. It did not weigh scientific evidence. It did not rule that herbicide treatment is unsafe. It ruled only that
I, as an individual, did not have standing to
bring the appeal.

VNRC also references a Lake Bomoseen environmental group that did not exist during the permit application and public comment period. That implication is factually incorrect.

A Larger Concern
Vermont statute (10 V.S.A. § 8504) allows individuals who participate in the public comment process to appeal environmental permit decisions. I did so in writing during the official review period. Yet the court determined that my interest was not sufficiently “unique” to grant standing. If this interpretation stands, it significantly narrows meaningful public participation in Vermont’s environmental permitting process.

Under this logic, only applicants with substantial legal resources may realistically appeal a decision—regardless of scientific expertise or long-standing
involvement. This logic is contrary to previous
similar court decisions.

My Purpose
I undertook this appeal at personal expense and without counsel because I believed the issue deserved review on its merits. While I did not prevail
procedurally, I believe the public deserves an accurate description of what really occurred.
This was not a scientific rejection of invasive species control methods. It was not a condemnation of DEC-approved treatment strategies. It was a procedural dismissal.

My professional life has been grounded in science, data, and risk management. Courts, I learned, operate differently.

I have asked the VT Attorney General to investigate this matter. I am also requesting the VNRC correct its posting to reflect these facts to include other posts by other news media also reflecting their misinformation.

Facts Still Matter
And facts should matter – to organizations that claim to uphold environmental integrity – and to those who purport to report the news without bias or factual distortion.
Advocacy does not excuse misrepresentation, and journalism cannot function without a commitment to truth.

INVASIVE SPECIES