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CT DEEP Releases Draft Release-based Cleanup Regulations to Working Group for Review, Comments Due February 6, 2024

The Connecticut General Assembly passed Public Act 20-09 in the fall of 2020 with the promise that the Connecticut Transfer Act would be abolished in favor of a released-based, rather than a transaction-based, remediation...more

New Land Use and Zoning Legislation Affects Every Connecticut Municipality

All municipalities should be aware of the provisions of Public Act No. 21-29 and what changes it could bring to zoning in your town or city. Public Act 21-29 is part of the initiative to make housing in Connecticut more...more

The Connecticut General Assembly Puts the First Nail in the Transfer Act’s Coffin: Connecticut to Adopt New Release-Based...

The General Assembly gave Connecticut an early Halloween present during the first week of October when both houses of the legislature passed H.B. 7001, An Act Revising Provisions of the Transfer Act and Authorizing the...more

DEEP's Proposed Release Reporting Regulations Now Ready for Comment

DEEP does not currently have regulations in place governing release/spill reporting.  The regulations proposed in 2009 required that all spills over one gallon in volume and all historical spills be reported.  Those have...more

Connecticut DEEP seeks to Overhaul Remediation Standards: Background Concentration Edition

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”).  These proposed amendments, often referred to as “Wave 2,” will...more

Connecticut DEEP Seeks to Overhaul Remediation Standards – Expansion of LEP Approval Authority, Part II: Groundwater Contamination

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Connecticut DEEP Seeks to Overhaul Remediation Standards – Expansion of LEP Approval Authority, Part I: Soil Contamination

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

Connecticut DEEP seeks to Overhaul Remediation Standards – Groundwater VOC Volatilization Criteria and Transition Provisions

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

CT DEEP Provides Additional Guidance on Stormwater Requirements for the Construction of Solar Projects

Those who develop solar projects in Connecticut know that the siting and developing of these projects can be every bit as involved as the permitting of a fossil-fueled generation station. In addition to the ordinary...more

Connecticut DEEP seeks to Overhaul Remediation Standards– Widespread Polluted Fill

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

ALERT: Connecticut DEEP seeks to Overhaul Remediation Standards

On July 8, 2019 the Connecticut Department of Energy and Environmental Protection (“DEEP”) proposed an overhaul to its Remediation Standard Regulations (“RSRs”). These proposed amendments, often referred to as “Wave 2, ” will...more

“20 By '20”: Commissioner Dykes Announces DEEP’s New “20 By '20” Initiative at the 2019 CBIA Energy and Environment Conference…...

On June 13, 2019, Commissioner Katie Dykes announced the Department of Energy & Environmental Protection’s top 16 initiatives during her keynote address at the Connecticut Business & Industry Association’s annual Energy and...more

Alert: Gas Station Owners: State to Pursue Claims of MTBE Contamination

Over a decade ago, Connecticut, like much of the country, had concerns over groundwater contamination from gasoline containing the additive MTBE. Although much of the country had let the issue of MTBE contamination fall by...more

CT Law of the Land

Week of September 23 - Limits of relief possible for Intervenor under CGS 22a-19 - In Hunter Ridge LLC v. Planning & Zoning Commission Connecticut’s Supreme Court considered whether injunctive relief was available...more

EPA Announces Clean Power Plan

On Monday August 3, 2015, the U.S. Environmental Protection Agency announced a final Clean Power Plan that it claims will cut carbon emissions from existing electric power plants by 32 percent from 2005 levels by the year...more

CT Law of the Land

Week of July 29 - No Hardship for Legally Nonconforming Residence - The owners of a residence in Fairfield that was legally nonconforming – that is, it failed to comply with zoning requirements in place now – wanted...more

CT Law of the Land

Week of July 6 - In June 2015, the Connecticut Appellate Court issued two significant land use decisions summarized below. In the first decision the Court analyzed when a town’s zoning regulation might be deemed void...more

CT Law of the Land

AC36196 - Verrillo v. Zoning Board of Appeals - Attorneys who practice in the land-use arena know that there is often a divergence between how local Zoning Board of Appeals (“ZBAs”), comprised of lay members, view...more

CT Law of the Land

Week of January 12 - On January 7, 2015, the Planning & Zoning Section of the Connecticut Bar Association met in Cromwell, CT with special guest Judge Marshall Berger. The main focus of the meeting was Practice Book...more

CT Law of the Land

SC19090, SC19091 - FairwindCT, Inc. v. Connecticut Siting Council - This decision upheld the Siting Council’s authorization to a Pullman & Comley client to install wind turbine electrical generation facilities in...more

CT Law of the Land

AC35796 - Michos v. Planning & Zoning Commission - This decision held that the Town of Easton P&Z Commission violated its own regulations when it approved a house of worship with 80% of the parking in front of the...more

CT Law of the Land: East Windsor v. Dearborn Memorandum of Decision

After about seven years of trying to get a landowner to comply with its zoning and wetland regulations, the Town of East Windsor looked to the courts for enforcement help. ...more

6/3/2014  /  Enforcement , Land Owners , Wetlands

CT Law of the Land

AC35612 - Greenwood Manor, LLC v. Planning & Zoning Commission - During a review of its current zoning regulations, the attorney for a property owner wrote to the planning commission and strongly urged it to downgrade...more

Marijuana Dispensaries Should Be Put On Main Street

Medical marijuana is now legal in Connecticut, though still not legal under federal law. Control over the industry is in the hands of the Department of Consumer Protection (DCP), which has chosen four companies to operate...more

CT Law of the Land

AC35464 - Yorgensen v. Chapdelaine - In this new Appellate Court decision, the plaintiff was issued a building permit to construct a barn, but town officials thereafter also observed grading adjacent to the wetlands...more

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