Burton v. Dominion Nuclear Connecticut, Inc.

Pro se Plaintiff-Appellant Burton sought an injunction against Defendant-Appellee Dominion Nuclear to halt operation of a power plant, claiming that the plant would cause unreasonable radioactive pollution to Long Island Sound and to an estuary located near her property. Plaintiff also filed an ex parte application for a temporary restraining order to stop Defendant from using a stretch power uprate increase unless Defendant could do so without an increase of radioactive discharge. The Court affirmed the lower court's decision to dismiss Plaintiff's case on grounds that she lacked standing under state environmental protection laws, common law nuisance principles, and federal preemption. Holding that Plaintiff's ex parte application "does not contain allegations of substantive violations giving rise to unreasonable pollution⦠in excess of that permitted under the regulatory scheme," the Court upheld the lower courts's decision to dismiss this claim for lack of standing.