Justia Connecticut Supreme Court Opinion SummariesArticles Posted in Environmental Law
Not Another Power Plant v. Connecticut Siting Council
The Supreme Court affirmed the judgment of the trial court dismissing Plaintiff's administrative appeal from the decision of the Connecticut Siting Council approving the application of NTE Connecticut, LLC (NTE) seeking a certificate of environmental compatibility and public need for the construction of an electric generating facility in the town of Killingly, holding that there was no error.Plaintiff, a nonprofit organization, appealed the council's decision to the trial court, arguing that the council improperly refused to consider the environmental impact of installing a gas pipeline to its proposed facility when weighing the public benefit of the facility against its probable environmental impact. The trial court dismissed the appeal, concluding that the council was not required to consider the impact of the gas pipeline. The Supreme Court affirmed, holding that the trial court correctly determined that the council’s refusal to consider the potential environmental impact of the gas pipeline during the proceedings on NTE’s application for a certificate was not arbitrary or capricious. View "Not Another Power Plant v. Connecticut Siting Council" on Justia Law
Burton v. Department of Environmental Protection
In this action for a temporary injunction in connection with the intake and discharge of water from the Long Island Sound and nearby bodies of water by Dominion Nuclear Connecticut, Inc., the owner and operator of a nuclear power station, the Supreme Court ultimately affirmed the judgments in favor of Defendants, holding that the trial court did not err.This case was before the Supreme Court for the third time. Plaintiff brought this action under the Connecticut Environmental Protection Act of 1971 (CEPA), Conn. Gen. Stat. 22a-14 et seq., against Dominion and the Department of Environmental Protection, challenging the Department's decision to issue a National Pollutant Discharge Elimination system permit to Dominion to authorize the intake and discharge of water by the plant, arguing that the permit renewal proceeding was inadequate. On remand for the second time from the Supreme Court, the trial court rendered judgment in favor of Defendants. The Supreme Court affirmed, holding (1) the administrative proceeding was not inadequate; and (2) Plaintiff's remaining claims on appeal were inadequately briefed. View "Burton v. Department of Environmental Protection" on Justia Law
Griswold v. Camputaro
In certified appeal arising from a consolidated zoning appeal and enforcement action relating to a manufacturing facility the Supreme Court affirmed the decision of the Appellate Court reversing the judgment of the superior court denying proposed intervenors' motions to intervene and remanding the case for further proceedings, holding that the trial court erred in denying the motions to intervene as untimely.Since 1997, the manufacturing facility at issue had been subject to a stipulated judgment imposing various restrictions on its operation. In 2015, the trial court opened and modified the 1997 stipulated judgment by agreement of the parties. The public, however, had been informed that the parties' joint motion to open and modify the judgment would not be heard until one week later. Two proposed intervenors sought to intervene, alleging environmental harm. The trial court denied the motions to intervene as untimely. The Appellate Court reversed, concluding that the trial court's expedited consideration of the motion to open and modify the stipulated judgment violated the proposed intervenors' right to timely, accurate notice and their statutory right to intervene and to participate in the hearing on the stipulated judgment. The Supreme Court affirmed, adopting the Appellate Court's opinion as a proper statement of the issues and applicable law concerning those issues. View "Griswold v. Camputaro" on Justia Law
Connecticut Energy Marketers Ass’n v. Department of Energy & Environmental Protection
Connecticut Energy Marketers Association brought this action against the Department of Energy and Environmental Protection and the Public Utilities Regulatory Authority (collectively, Defendants) alleging that Defendants violated the Environmental Policy Act when Defendants approved a plan for a significant expansion of the use of natural gas in the state without evaluating the environmental impact of an increase in the use of natural gas pursuant to Conn. Gen. Stat. 22a-1b(c). Defendants filed separate motions to dismiss, arguing that no environmental impact evaluation was required because Defendants’ activities did not constitute “actions which may significantly affect the environment” for purposes of section 22a-1b(c). The trial court agreed and dismissed the complaint. The Supreme Court affirmed, holding that the trial court did not err in granting Defendants’ motions to dismiss on the ground that the requirement of an environmental impact evaluation in section 22a-1b(c) does not apply to Defendants’ activities in this case. View "Connecticut Energy Marketers Ass’n v. Department of Energy & Environmental Protection" on Justia Law
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
Hunter Ridge, LLC v. Planning & Zoning Comm’n
Plaintiff appealed from the Planning and Zoning Commission’s denial of its subdivision permit. Intervenor intervened in the appeal to the trial court pursuant to Conn. Gen. Stat. 22a-19(a), raising claims related to the environmental impact of the proposed development. After remanding the matter back to the Commission for further fact-finding relating to Intervenor’s claims, the trial court set aside the Commission’s findings and adjudicated the factual issues itself. The trial court rendered judgment in favor of Intervenor and forbade Plaintiff’s proposed subdivision from going forward because of its potential environmental impact. The Supreme Court reversed, holding (1) the Environmental Protection Act does not empower a trial court to enter an injunction in an administrative appeal of a zoning decision involving an intervention under section 22a-19; and (2) the trial court could not have properly relied on Conn. Gen. Stat. 22a-18(b) through (d) to remand the matter back to the Commission for consideration of Intervenor’s claims or to independently adjudicate the factual issues raised in those claims. View "Hunter Ridge, LLC v. Planning & Zoning Comm’n" on Justia Law
Tilcon Connecticut, Inc. v. Comm’r of Envtl. Prot.
Plaintiff, which owned facilities used for earth materials excavation and processing, submitted to the Department of Environmental Protection five individual applications for water diversion permits. The Department requested additional information for all five of Plaintiff’s applications. Plaintiff did not fully comply with the Department’s request. Instead of submitting the requested information, Plaintiff filed a petition for a declaratory ruling to address the scope of the Department’s authority to request information for Plaintiff’s water diversion permit applications. The Commissioner of Environmental Protection deemed all of the Department’s actions authorized under the Connecticut Water Diversion Policy Act (Act). The trial court endorsed in all material respects the Commissioner’s interpretation of the Act. The Supreme Court reversed, holding (1) the Act does not authorize the Department’s attempts to regulate Plaintiff’s excavation activities; (2) the Act does not authorize the Department to request a wetlands mitigation plan for the alteration of wetlands that had been authorized by prior municipal wetlands permit; and (3) the Department may not delay processing Plaintiff’s National Pollutant Discharge Elimination System permit application due to a pending water diversion permit application. View "Tilcon Connecticut, Inc. v. Comm’r of Envtl. Prot." on Justia Law
Lane v. Comm’r of Envtl. Prot.
The Department of Environmental Protection (Department), acting through its office of Long Island Sound Programs (Office), ordered Plaintiffs, Gail and Thomas Lane, to remove a boardwalk and dock from their property because they had been installed without the statutorily required permits. The Office then denied Plaintiffs’ application for a certificate of permission to retain and maintain the structures and to install a new boardwalk pursuant to Conn. Gen. Stat. 22a-363b(a)(2). The Department upheld the Office’s rulings. The trial court dismissed Plaintiffs’ administrative appeal. The Appellate Court affirmed. The Supreme Court affirmed, holding that the Appellate Court properly interpreted section 22a-363b(a) in concluding that the trial court properly dismissed Plaintiffs’ administrative appeal. View "Lane v. Comm’r of Envtl. Prot." on Justia Law
FairwindCT, Inc. v. Conn. Siting Council
BNE Energy, Inc. submitted two petitions for declaratory rulings seeking the Connecticut Siting Council’s approval for the construction and operation of three electric generating wind turbines on two separate properties in the town of Colebrook. Plaintiffs intervened in the proceedings. The Council approved the petitions with conditions, and Plaintiffs appealed. The trial court dismissed Plaintiffs’ appeals. The Supreme Court affirmed, holding that the trial court did not err in concluding that the Council (1) had jurisdiction over BNE’s petitions; (2) was authorized to attach conditions to its approval of the petitions; (3) was authorized to approve the petitions even though it had not determined that the proposed projects comply with state noise law; (4) properly approved of shorter hub heights for one of the projects; and (5) did not deprive Plaintiffs of their right to fundamental fairness during the hearings on the petitions. View "FairwindCT, Inc. v. Conn. Siting Council" on Justia Law
Sams v. Dep’t of Envtl. Prot.
Plaintiffs installed a gabion seawall on their property to mitigate the effects of erosion. Plaintiffs did not seek approval from the town or the department of environmental protection (department) before constructing the seawall. The town subsequently issued a cease and desist order to Plaintiffs, and the department issued a notice of violation to Plaintiffs. Plaintiffs submitted a permit application to the department attempting to obtain permission to retain the seawall. The department denied the application and ordered Plaintiffs to remove the seawall. Plaintiffs challenged the removal order. A department hearing officer determined that the department properly exercised jurisdiction and that the department had the authority to order the wall to be removed. The trial court affirmed. The Supreme Court affirmed, holding (1) the department properly asserted jurisdiction over the seawall; (2) the department properly asserted jurisdiction under the Coastal Management Act; (3) substantial evidence supported the department's findings and conclusions; and (4) the hearing officer's decision to order the removal of the entire seawall was not an abuse of discretion. View "Sams v. Dep't of Envtl. Prot." on Justia Law