State Supreme Court dismisses an environmental challenge and upholds certificate of operation for a natural gas power plant in Killingly

The state Supreme Court on Tuesday upheld the approval of a new gas-fired electric generating plant in the town of Killingly, dismissing a complaint by opponents that the decision to certify the plant failed to consider potential environmental damage from expanding a pipeline needed to deliver fuel. The decision by a divided court — there were two concurrences and a dissent — is a victory for NTE Energy, builder of the plant, as well as regional power grid operator ISO-New England. The plant may be a flashpoint in the fight over electric rates and the environment, but the Supreme Court focused narrowly on state law that requires the Connecticut Siting Council to balance environmental and other concerns when deciding whether an electrical generating plant is in the public interest. Not Another Power Plant lost in Superior Court, which said the council acted properly under state law when it “segmented” the plant and pipeline components of the project. The Supreme Court affirmed the decision, but three justices disagreed to varying degrees with the reasoning of the majority opinion, written by chief Justice Richard A Robinson.

https://www.courant.com/news/connecticut/hc-news-killingly-nte-gas-turbine-power-plant-20210928-20210928-aeu23irh75fbhlioulzbcrubmq-story.html

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