Justia Energy, Oil & Gas Law Opinion SummariesArticles Posted in Connecticut Supreme Court
Burton v. Commissioner of Environmental Protection
Plaintiff filed a complaint against the Commissioner of Environmental Protection (Commissioner) and Dominion Nuclear Connecticut, Inc. (Dominion) alleging that the operation of the Millstone Nuclear Power Station owned and operated by Dominion was causing unreasonable pollution of the state’s waters in violation of the Connecticut Environmental Protection Act of 1971. The trial court dismissed the complaint on the ground that Plaintiff lacked standing. The Supreme Court reversed, concluding that Plaintiff had standing to bring her action under Conn. Gen. Stat. 22a-16. The Court ordered the trial court to conduct a hearing to determine whether the pending administrative permit renewal proceeding for the nuclear power station’s operation was inadequate to protect the rights recognized by the Act. The administrative proceeding then terminated when the Commissioner issued a renewal permit for Millstone. The trial court granted Defendants’ motions to dismiss, concluding that Plaintiff’s action was moot. The Supreme Court reversed, holding that Plaintiff’s claims were not moot because a determination that the renewal proceeding was inadequate to protect the rights recognized under the Act could result in the invalidation of the permit under which Millstone is currently operating. View "Burton v. Commissioner of Environmental Protection" on Justia Law
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 pollutionâ¦ 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.