In re Champlain Oil Company Petroleum Cleanup Fund Request for SMS Site #921298
Notice of Appeal
NOW COMES Appellant Champlain Oil Company, by and through its counsel, MSK Attorneys, and pursuant to 10 V.S.A. Ch. 220, hereby appeals to the Vermont Superior Court, Environmental Division, the Vermont Agency of Natural Resource’s denial of Champlain Oil Company’s request for reimbursement from the Petroleum Clean-up Fund. On August 7, 2025 the Agency issued an initial denial of these funds in a letter. As directed the Appellant appealed to the Director of the Waste Management Division for a final determination as to the eligibility or reimbursement. On February 23, 2026 the Director issued a final determination denying Champlain Oil Company’s request for reimbursement from the Petroleum Cleanup Fund for its costs incurred during the remediation of petroleum contaminated soil at SMS Site #921298, located at the site of the former Kaigles Citgo at 510 Shelbourne Road in South Burlington, Vermont. A copy of the August 7 and February 23 final decisions are attached.
SMS Site #921298 is located on Appellants’ property. As part of the Site’s cleanup, in collaboration with other private entities and the State of Vermont, Appellant engaged in considerable soil excavation and removal. Appellant then sought reimbursement from the Petroleum Cleanup Fund for the costs it incurred excavating the contaminated soil. The Waste Management and Prevention Division, however, denied Appellant’s reimbursement request and the Director of the Division upheld the denial on appeal. Now, as the applicant for reimbursement, Champlain Oil Company, by right, appeals the denial of its Petroleum Cleanup Fund reimbursement request.
DATED at Burlington, Vermont this 12th day of March, 2026.
MSK ATTORNEYS
By: /s/ A.J. LaRosa, Esq.
Alexander LaRosa, Esq.
Samuel Doxzon, Esq.
275 College Street, P.O. Box 4485
Burlington, VT 05406-4485
Phone: 802-861-7000
Fax: 802-861-7007
Email: ajlarosa@mskvt.com
Attorneys for Appellant