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Adjudications Final Decisions

Office of Adjudications

Appeals of DEEP Final Decisions

Listed below are summaries of significant holdings of decisions of the CT Superior, Appellate and Supreme Courts, the courts that decide appeals of the Department's final decisions. These decisions are listed because they have interpreted statutes or regulations that guide our work and may have also established important precedent. The list of court decisions are attached as links, as are the DEEP final decisions that were appealed.

  1. BEC Corporation v. Department of Environmental Protection, 256 Conn. 602 (2001)

    2. Established "BEC test" for finding corporate officers personally liable for pollution under CGS § 22a-432: (1) Officer is in position of responsibility that allows officer to influence corporate policies and activities; (2) there is a nexus between officer's actions or inactions in that position and the violation such that the officer influenced the actions that constituted the violation; and (3) the officer's actions or inactions resulted in the violation. State of Connecticut v. BEC Corporation, Final Decision, December 19, 1997.

  2. Town of Canterbury v. Rocque, 78 Conn. App. 169 (2003)

    3. Discretionary hearing became a contested case when petition for hearing filed during that hearing and before final decision issued. The deadline for filing a petition within 30 days of the Commissioner’s “disposition of an application” was found to be 30 days after the Commissioner’s final decision, not the issuance of a tentative determination, which was found to be a proposed and not a final action. In the Matter of Town of Canterbury, Final Decision, March 16, 2000

  3. Celentano v. Rocque, 282 Conn. 645 (2007)

    4. Responsible corporate officer doctrine applied per BEC test to hold corporate officer personally liable for failing to repair an unsafe dam pursuant to strict liability public welfare statute, §22a-402. In the Matter of Vincent D. Celentano, et. al., Final Decision, May 28, 2004.

  4. Connecticut Building Wrecking Co. v. Carothers, 218 Conn. 580 (1991)

    5. An agency may rely on its own expertise in evaluating evidence within the area of its expertise. In the Matter of Orders issued to Connecticut Building Wrecking Co., Inc., Final Decision and Order, October 26, 1988.

  5. Lane v. Commissioner of Environmental Protection, 136 Conn. App. 135 (2012)

    6. 1980s DEP policy to issue verbal approval for maintenance and repair of docks did not prevent DEP from enforcing permitting requirements against present dock owners in 2007 in connection with dock constructed in 1987 by previous owner without a permit. Denial of certificate of permission did not impermissibly infringe upon owner’s littoral rights. Owners free to seek a permit for proposed activity; reasonable exercise of state’s regulatory authority. Declaratory Ruling, In the Matter of a Petition for a Declaratory Ruling by Thomas and Gail Lane, March 20, 2009.

  6. Nancy Burton v. Regina McCarthy and Department of Environmental Protection (Millstone), judicial district of Hartford, Docket Nos. HHD-CV-07-4028617-S, HHD-CV-105036261-S (November 8, 2018)

    7. Burton granted full trial to the Court on two questions: 1) the adequacy of DEP administrative proceedings and its decision to grant a water discharge permit to the Millstone Power Plant; and 2) whether Millstone violates state law by unreasonably polluting Niantic Bay and the surrounding waters. Court found that the agency decision was reasonable, there was no procedural unfairness, and that Burton failed to prove unreasonable pollution. Final Decision, August 30, 2010.

  7. MacDermid, Inc. v. Department of Environmental Protection, 257 Conn. 128 (2001)

    8. Where the Department's application of hazardous waste regulations did not present questions of law, trial court properly deferred to agency factual findings and construction of regulations. Court upheld declaratory ruling that spent etchant returned to manufacturer by purchasers of product not exempt from regulation under state hazardous waste law and regulations promulgated pursuant to RCRA; application of regulations required a technical, case-by-case review that was the type of situation that called for agency expertise. Declaratory Ruling, In the Matter of a Request for a Declaratory Ruling by MacDermid, Incorporated, October 8, 1998.

  8. Recycling Inc. v. Commissioner, Dept. of Energy and Environmental Protection, Superior Court, judicial district of New Britain, Docket No. HHB-CV-15-6028562-S (January 20, 2016)

    9. BEC test applied in §22a-208 permit case. Beneficial owner is legal owner if has control of corporation. Administrative fact-finding upheld if substantial evidence to support facts found by agency. Agency has burden of proof on revocation of general permit registration. DEEP has power to revoke or deny application for failure to disclose; not necessary to prove fraud. In the Matter of Recycling, Inc., Final Decision, February 5, 2014.

  9. Sams v. Dept. of Environmental Protection, 308 Conn. 359 (2013)

    10. By exercising jurisdiction under §22a-361 (structures and dredging) and §22a-108 (public nuisance), DEP had jurisdiction over portion of seawall extending landward of high tide line (now coastal jurisdiction line). In the Matter of David and Betsy Sams, Final Decision, November 2, 2007.

  10. Carl Shanahan v. Dept. of Environmental Protection, 305 Conn. 681 (2012)

    11. DEEP lacked authority to order removal of portion of seawall not waterward of high tide line (coastal jurisdiction line) where authority only asserted under CGS § 22a-361. Final Decision on Jurisdiction and Additional Issues, April 30, 2008.

  11. Susan S. Starr v. Commissioner of Environmental Protection, 236 Conn. 722 (1993) “Starr I”
    Susan S. Starr v. Commissioner of Environmental Protection, 236 Conn. 722 (1996) “Starr II”

    12. In Starr I, court found Department properly defined scope of CGS §22a-432 to apply to any person maintaining a condition; “maintaining,” consistent with common law of nuisance, encompassed situations where, without fault, contaminated conditions existed on owner’s land. In Starr II, court reviewed legislative intent of newly-enacted CGS § §22a-452d (innocent landowner law) and found that landowners who inherit contaminated property entitled to innocent landowner defense if they had no role in causing pollution.

  12. Summit Hydropower Partnership v. Commissioner of Environmental Protection, 226 Conn. 792 (1993)

    13. Proceedings before DEP which resulted in denial of request for water quality certification not contested case from which applicant could appeal. Contested case is a proceeding in which agency is required by law to provide an opportunity for hearing. In the Matter of Summit Hydropower Partnership, Final Decision, September 12, 1991.

  13. Vorlon Holding LLC, v. Commissioner of Energy and Environmental Protection, 161 Conn. App. 837 (2015)

    14. Affirmative duty under § 22a-432 to abate pollution on property regardless of responsibility for causing pollution. Corporate officer meeting BEC test personally liable for failure to remediate pollution. Owner with notice of pollution may not escape liability for its abatement merely by leasing it to a tenant. In the Matter of Vorlon Holding, LLC, et. al., Final Decision, March 21, 2013.

  14. Friends of Ryan Park, Inc. v. CT DEEP, Superior Court, Judicial district of New Britain, Docket No. CV-15-6029586-S (April 19, 2016)

    15. Appeal dismissed for failure to establish statutory or classical aggrievement. Mere party status in agency hearing not sufficient to establish party has been aggrieved. Failure to meet two-part test for classical aggrievement, i.e., personal and legal interest in subject matter of decision and specific impact of agency decision on that interest. Generalized fear of what challenged activity will bring about insufficient to show classical aggrievement. No representational standing where members of organization have no standing to bring own claims. In the Matter of CT Dept. of Housing (Washington Village, Norwalk), Final Decision, April 30, 2015.