Not Another Power Plant v. Connecticut Siting Council

Summary

In a concurrence and dissent, Justice Ecker, joined by Justice D’Auria, agrees that the Connecticut Siting Council had authority to consider the potential environmental impact of a future gas pipeline when evaluating an electric generating facility. The dissent argues that the council abused its discretion by mistakenly believing it lacked that authority and that the case should be remanded for the council to exercise its discretion. The majority instead concluded that remand was unnecessary because the pipeline’s cumulative environmental impact would be considered in a future proceeding.

Holdings

1. The Public Utility Environmental Standards Act did not prohibit the council from considering the environmental impact of a future interdependent gas pipeline when balancing the public benefit of the proposed electric generating facility against the environmental harm it would cause.
2. An administrative agency vested with discretion abuses that discretion when it fails to exercise it because of a mistaken belief that it lacks authority to choose among legally available courses of action.

Questions Presented

1. Whether the Connecticut Siting Council had authority under the Public Utility Environmental Standards Act to consider the potential environmental impact of a future gas pipeline interdependent with the proposed electric generating facility.
2. Whether an agency abuses its discretion when it fails to exercise discretion because it mistakenly believes that a statute or rule leaves it no choice.
3. Whether the proper remedy for the council's failure to exercise its discretion was reversal and remand for the council to reconsider the facility application.

Disposition

other