Rep. Satcowitz: Governor’s order exceeds authority

December 8, 2025  |  By Rep. Larry Satcowitz

On Sept. 17, Gov. Phil Scott issued Executive Order 06-25, Promoting Housing Construction and Rehabilitation. It has prompted much concern among local environmental groups, legislators, and private citizens.

Housing is, of course, a deeply pressing issue, and not everything in the order is completely unhelpful, but the executive order is unlikely to significantly increase new housing construction. And worse, it contains sections that clearly exceed the governor’s authority. It does so by directing the state government to take actions that are not consistent with state statute. In other words, the governor needs to follow the law.

The Attorney General issued an opinion on Nov. 20 identifying two broad areas where the order attempts to usurp the power of the legislature: wetlands protections and energy efficiency standards. The wetlands changes would allow development in certain kinds of wetlands where development is currently not permitted. The energy efficiency changes would roll back standards for new building construction.

The wetlands regulations are important for many reasons, including flood protection. We have learned the hard way that wetlands are vital for mitigating flood risk. Development in wetlands can increase this risk. The energy efficiency standards were designed to make more efficient use of resources in a world with mounting energy costs and to save us money over time. Rolling back these standards would be short-sighted. These regulations and standards were created in consultation with a range of experts, stakeholders, and the public. The executive order had no such input.

It’s normal for elected officials to want to let their constituents know that they’re working for them, but if the governor considers these actions so potentially impactful that he wants to make a show of these initiatives -- why now? Phil Scott has been our governor for over eight years, and the housing crisis is not newly urgent. There are many actions within his authority that he could have been exercising all along.

It is disturbing to see our governor abuse our system in much the same way that President Trump has since he took office last January. Many of President Trump’s executive orders have been struck down by federal courts. I expect that this executive order also will not withstand legal scrutiny. In addition, it is important to understand that the governor doesn’t need an executive order to effect change in his administration. He just needs to communicate with his agency and department heads. We need less political theater and more collaborative problem-solving.

State Rep. Larry Satcowitz, D-Randolph, represents the Orange-Washington-Addison District covering Braintree, Brookfield, Granville, Randolph and Roxbury. He’s on the House Environment Committee and the Administrative Rules Committee.