Sec. 22a-19. Administrative proceedings. - Connecticut Statutes

      Sec. 22a-19. Administrative proceedings. (a) In any administrative, licensing or other proceeding, and in any judicial review thereof made available by law, the Attorney General, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, corporation, association, organization or other legal entity may intervene as a party on the filing of a verified pleading asserting that the proceeding or action for judicial review involves conduct which has, or which is reasonably likely to have, the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state.

      (b) In any administrative, licensing or other proceeding, the agency shall consider the alleged unreasonable pollution, impairment or destruction of the public trust in the air, water or other natural resources of the state and no conduct shall be authorized or approved which does, or is reasonably likely to, have such effect as long as, considering all relevant surrounding circumstances and factors, there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety and welfare.

      (1971, P.A. 96, S. 6; P.A. 06-196, S. 256.)

      History: P.A. 06-196 made a technical change in Subsec. (b), effective June 7, 2006.

      Could not have been invoked in a manner so as to enable the trial court to determine whether P.U.C. acted illegally or exceeded or abused its powers. 165 C. 687. Cited. 170 C. 47. Cited. 175 C. 483. Cited. 184 C. 51. Cited. 188 C. 141. Statute is not intended to expand jurisdictional authority of an administrative body whenever an intervenor raises environmental issues. 192 C. 247. Cited. Id., 591. Cited. 204 C. 38. Environmental protection act (Secs. 22a-14-22a-20) cited. Id., 212. Cited. 209 C. 609. Cited. 212 C. 157. Environmental protection act (EPA), Sec. 22a-14 et seq., cited. Id., 710; Id., 727. Cited. Id. Agricultural land is not a natural resource protected under statute. Id. Cited. 215 C. 474. Environmental protection act cited. 218 C. 580. Connecticut environmental protection act Secs. 22a-14-22a-20 cited. 220 C. 54. Environmental protection act Secs. 22a-14-22a-20 cited. 222 C. 98. Cited. 225 C. 1. Environmental protection act, Sec. 22a-14 et seq. cited. 226 C. 205. Cited. Id., 579. Environmental protection act, Sec. 22a-14 et seq. cited. Id. Cited. Id., 792. Connecticut Environmental Protection Act Sec. 22a-14 et seq. cited. 234 C. 488. Judgment of appellate court in Paige v. Town Planning and Zoning Commission, 35 CA 646, reversed; case remanded to trial court through appellate court for determination of whether commission properly applied provisions of this section. 235 C. 448. Environmental Protection Act, Sec. 22a-14 et seq. cited. 237 C. 135. Cited. 239 C. 124. Environmental Protection Act Sec. 22a-14 et seq. cited. Id., 786. Legislature intended that, under Sec. 8-30g(c), the planning and zoning commission bears burden of proving that the public interest cannot be protected by reasonable changes to applicant's proposed development and such burden is not inconsistent with this section. 256 C. 674. Section, as well as other secs. of Environmental Protection Act, reveals no language that suggests legislature intended to give environmental intervenors under section the right to appeal from administrative matters not otherwise appealable. Section does not create an independent right of appeal, but only allows intervention in an appeal otherwise allowed by statute. 266 C. 338. Section's plain and unambiguous language provides town with right to intervene for environmental protection purposes in the judicial review of decisions of its wetlands agency and zoning commission and does not conflict with Secs. 8-1 and 22a-42, which delegate municipal authority to such agencies. 280 C. 405.

      Cited. 12 CA 47. Cited. 13 CA 400. Cited. 17 CA 320. Cited. 23 CA 188. Cited. 26 CA 599; Id., 942. Cited. 27 CA 479. Cited. 30 CA 204. Cited. 32 CA 340. Cited. 35 CA 646; judgment reversed, see 235 C. 448. Environmental Protection Act (EPA) Sec. 22a-14 et seq. cited. 41 CA 89. Cited. Id., 120. Statute does not permit a nonparty to appeal if no party from the underlying proceeding is engaged in an appeal. 57 CA 589.

      Cited. 35 CS 145. Cited. 41 CS 184. Cited. 42 CS 57. Nonprofit environmental advocacy corporation that properly filed notice of intervention at a zoning commission hearing in accordance with Subsec. (a) has standing to appeal environmental issues related to zoning commission's decision. The fact that, if as alleged, defendant failed to act on the application to intervene cannot deprive the corporation of right to intervene and the concomitant right thereby to appeal on environmental issues. 48 CS 594.

      Subsec. (a):

      Cited. 206 C. 554. Cited. 218 C. 821. Cited. 220 C. 476. Cited. 231 C. 934. Cited. 233 C. 486. Does not authorize an intervenor to raise environmental issues that are outside jurisdiction of the agency conducting the proceeding into which the party seeks to intervene; intervenor is limited to raising environmental issues that are within jurisdiction of the agency in question; section not intended to expand jurisdictional authority of an administrative body whenever an intervenor raises environmental issues; intervention petitions filed under statute must contain specific factual allegations setting forth the environmental issue intervenor intends to raise. 259 C. 131.

      Cited. 26 CA 185. Cited. 28 CA 780. Cited. 37 CA 166. Cited. 40 CA 75. Cited. 41 CA 39. Trial court finding re lack of standing reversed because plaintiff who lived down river from proposed wastewater treatment plant filed notice of intervention in accordance with section and therefore had standing. 62 CA 600. Trial court decision striking verified pleading filed by Stratford town council as proposed intervenor in matters where Stratford zoning commission and inland wetlands and watercourse agency were named defendants reversed. Court declines to find exception to the citizen intervention provision of Connecticut Environmental Protection Act finding no legislative intent that would support a rule barring municipalities from utilizing provisions of subsec. to intervene in appeals from decisions of their land use agencies. 87 CA 537.

      Subsec. (b):

      Cited. 231 C. 934.

      Trial court properly held that dispositive issue before planning and zoning commission was whether the proposal would cause unreasonable impairment of natural resources so as to require commission to consider alternatives. Once commission made no finding of unreasonable impairment of natural resources, it no longer had an obligation to consider alternative plans. 73 CA 647.

      Cited. 43 CS 386.