Connecticut Appellate Court building at 75 Elm St., Hartford, CT. Credit: Google Appellate Court Should Reconsider Its Decision in Purnell
The court's decision as it stands will reduce environmental protection and is inconsistent with the legislative history.
February 11, 2022 at 12:25 PM
5 minute read
EditorialsThe Connecticut Appellate Court handed down its decision in Purnell v. Inland Wetlands on Jan. 11. There were many issues of fact and law in the appeal, but only one is the focus of our attention: when must an applicant in a wetlands application come forward with feasible and prudent alternatives and what are the agency's responsibilities for considering those?
The court's holding dramatically reduces the circumstances in which an applicant must consider alternatives and a wetlands agency must give due consideration to them. A motion to reconsider the decision en banc has been filed. At least as to the feasible and prudent alternatives portion of this decision, the court should reconsider it. The decision as it stands will reduce environmental protection and is inconsistent with the legislative history, common practice, and the most reasonable interpretation of the statute.
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