The Connecticut Supreme Court has reversed a lower court decision on the Millstone nuclear power station Clean Water Act permit, clearing the path for activists to nullify the permit on environmental grounds at an upcoming hearing.
The Waterford CT nuclear power plant’s Units 2 and 3 cannot legally operate without a valid discharge permit under the federal Clean Water Act, which is administered by the state DEEP.
Without a valid water discharge permit, Millstone would be forced to shut down.
The unanimous decision, authored by Chief Justice Chase P. Rogers, is to be officially released on December 13, 2016 in the case of Nancy Burton v. Commissioner of Environmental Protection, SC 19664. https://www.jud.ct.gov/external/supapp/Cases/AROcr/CR323/323CR10.pdf
Burton hailed the Supreme Court decision as an “outstanding recognition by the state’s highest court of the supremacy of the law to protect the fragile environment from unnecessaryand harmful degradation.”
The stunning Supreme Court victory came eighteen (18) years after Burton successfully brought suit to shut Millstone Unit 2 for 10 days during the peak of native Niantic River winter flounder larvae migration to the Long Island Sound. Annually, larvae were sucked by the millions into Millstone’s intake structures and destroyed.