Over the years, some attorneys say state environmental officials have gone too far in demanding information and studies from businesses applying for a wide range of permits. Now the state Supreme Court has reined in the Department of Energy and Environmental Protection in a decision that observers say is likely to have widespread impact on environmental lawyers and companies that interact with the agency.
In Tilcon Connecticut v. Commission of Environmental Protection, an excavation company applied for five water diversion permits so it could perform work at quarrying sites around the state. Under a 1982 state law called the Water Diversion Policy Act, such permits are necessary for any work that changes the flow of water. But state environmental authorities told Tilcon Connecticut Inc. it would have to submit wetlands remediation plans and wildlife impact statements, among other things, in order to receive the permits.
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