Justia Government & Administrative Law Opinion Summaries

Articles Posted in Energy, Oil and Gas
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In an appeal by allowance, the issue this case presented for the Supreme Court's review was, inter alia, the scope of the authority of the Department of Environmental Protection (“DEP”) to issue administrative orders under the Bituminous Coal Mine Safety Act. The Court found that the DEP acted within its authority with respect to the orders it issued regarding certain failures to report accidents, but that it improperly issued other orders with respect to requiring fire extinguishers on certain mining vehicles. Thus, the Court reversed in part, and affirmed in part, the order of the Commonwealth Court. The case was thereafter remanded for further proceedings.View "DEP, Aplt. v. Emerald Coal Resources, et al" on Justia Law

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BNE Energy, Inc. submitted two petitions for declaratory rulings seeking the Connecticut Siting Council’s approval for the construction and operation of three electric generating wind turbines on two separate properties in the town of Colebrook. Plaintiffs intervened in the proceedings. The Council approved the petitions with conditions, and Plaintiffs appealed. The trial court dismissed Plaintiffs’ appeals. The Supreme Court affirmed, holding that the trial court did not err in concluding that the Council (1) had jurisdiction over BNE’s petitions; (2) was authorized to attach conditions to its approval of the petitions; (3) was authorized to approve the petitions even though it had not determined that the proposed projects comply with state noise law; (4) properly approved of shorter hub heights for one of the projects; and (5) did not deprive Plaintiffs of their right to fundamental fairness during the hearings on the petitions.View "FairwindCT, Inc. v. Conn. Siting Council" on Justia Law