Description: Sought to prevent nuclear power plant from increasing generating capacity.
Burton v. Dominion Nuclear Connecticut, Inc.
Filing Date Type File Action Taken Summary 04/19/2011 Opinion Download Opinion issued. An individual commenced an action against the operator of a nuclear power plant, seeking injunctive relief to prohibit the operator from increasing the plant’s generating capacity. The complaint alleged violations of the Connecticut Environmental Protection Act (CEPA) and contained other common law causes of action. Specifically, the complaint alleged that increasing the capacity of the plant, combined with warming seawater caused by climate change, would impact marine species. The trial court dismissed the action on standing grounds. On appeal, the Connecticut Supreme Court affirmed, holding that the Atomic Energy Act preempted the plaintiff’s CEPA and state law claims. In addition, the court held that the plaintiff lacked standing to bring a claim under common law nuisance because she did not allege that she would suffer harm different from the general public.