FAIRFIELD — The Connecticut Superior Court ruled Wednesday, April 23 that the Connecticut Siting Council (CSC) “exceeded its statutory authority” last year when it approved a Certificate of Environmental Compatibility and Public Need for construction of overhead transmission lines for United Illuminating along a new route to the north side of Metro-North train tracks.
Judge Matthew J. Budzik in New Britain Superior Court remanded the matter back to the CSC for “proceedings consistent with [the Court’s] memorandum of decision.”
The decision is a legal victory for the residents, business and property owners, and grassroots organizations in Fairfield in its years-long fight to stop construction of monopoles by UI through Bridgeport and Southport neighborhoods and businesses. The plaintiffs in the appeal of the early 2024 CSC decision are BJ’s Wholesale Club Inc., the Southport Congregational Church, the Sasco Creek Neighbors Environmental Trust (SCNETI), and the City of Bridgeport.
“We made a promise to residents of Fairfield to fight UI’s initial application and the subsequent decision made by the Siting Council,” said First Selectman Bill Gerber. “This is a substantial win for every resident, but especially those whose properties were potentially subject to forced easements on the north side of the Metro-North railroad tracks in a blatant violation of their due process rights.
“The ruling affirms our right to expect accountability and transparency from utility companies that too often act without concern for the impact on residents of Connecticut’s cities and towns.”
UI was frustrated by the court’s decision and vows to continue pushing to get the project done eventually.
“Connecticut’s energy needs continue to grow, and after years of delays, the fundamental purpose of this project remains unchanged,” said UI spokesperson Sarah Wall Fliotsos. “The longer this project is stalled by permitting and legal challenges, the more urgent this project becomes to ensure continued safe and reliable service to the region.
“UI is eager to put forth its plan for the Siting Council’s consideration, in-line with this program’s previous projects spanning six communities, from New Haven to Stratford, that have been approved again and again for the past decade.”
Critical to the decision was the finding that the CSC “changed the facility under consideration in the application from the 1430 Line to the 1130 Line.” United Illuminating never applied for a certificate to rebuild the 1130 Line, preventing the town and its residents from adequate notice of any potential modifications to the 1130 Line to the north.
“This outcome is a result of our community’s resilience and unity — residents, businesses, and our elected leaders all pulling on the rope together to protect the people and places this project would have harmed,” said Andrea and Stephen Ozyck, co-founders of SCNETI. “It affirms everything we’ve been fighting for and sets a critical precedent: utilities and the Siting Council cannot sidestep proper procedure or public accountability.”
On March 25, 2024, the Town of Fairfield officially filed an appeal in Superior Court challenging the legality of the Connecticut Siting Council’s Feb. 16, 2024 decision granting UI the certificate to go ahead with the construction of the monopoles. The appeal came after months of Siting Council hearings where the Town and other impacted intervenors repeatedly raised concerns about UI’s plan to install massive monopoles on the south side of the Metro-North train tracks and challenged whether there was any need at all for this project.
“The town will continue to fight for the protection of all of its residents, businesses and places of worship,” Gerber said. “We hope that UI will finally see the wisdom of burying its transmission lines, rather than continuing with its efforts to build overhead lines that will destroy the precious resources of our town.”
State Rep. Jennifer Leeper, D-Fairfield, was appreciative all the work done by the community and town officials.
“Thank you to the Southgate Lane neighbors who first sounded the alarm, thank you to every member of SCNETI for leading this charge and to everyone who organized and contributed to make this work possible,” Leeper said. “Thank you to First Selectman Gerber for taking on this fight and seeing it through to this decision in our favor.”
State Sen. Tony Hwang, R-Fairfield, called the decision a victory for “due process and the people’s voice.”
“The Siting Council failed to fulfill its legal obligation to weigh the environmental compatibility and public need impact of all proposed routes and denied residents and the town their fundamental right to be heard,” the senator said. “This outcome reaffirms that the voices of local residents matter and must never be ignored.”
The legal team at Cohen and Wolf, led by attorneys David Ball and David Dobin, represented the town in the matter.
