Comm’r of Envtl. Prot. v. Underpass Auto Parts Co.

The Commissioner of Environmental Protection brought this action against Defendants, auto parts companies, alleging that Defendants had violated Conn. Gen. Stat. 22a-430(a), 22a-430b and 22a-427, which are part of the Water Pollution Control Act. As a remedy, the trial court ordered Defendants to pay certain fines and to retain an environmental professional to assist Defendants in complying with the law, to conduct testing on the site at issue to determine whether a significant environmental hazard exists, and, if so, to abate the condition. The trial court rendered judgment against Defendants. The Supreme Court reversed, holding (1) having found that Defendants had violated the Water Pollution Control Act, the trial court was required to order Defendants to remediate the pollution in accordance with the remediation standards promulgated by the Commissioner, and the court did not have discretion to fashion a remedy that did not purport to do so; and (2) the trial court’s order also constituted an abuse of discretion because it was effectively unenforceable. Remanded for a new trial. View "Comm’r of Envtl. Prot. v. Underpass Auto Parts Co." on Justia Law