Burton v. Dominion Nuclear Connecticut Inc. decision online — Argued Dec. 6, 2010

Apr 20th, 2011 | By | Category: Nuclear

The plaintiff, Nancy Burton, appeals from the judgment of the trial court dismissing her complaint and denying her application for a temporary restraining order on the ground that the court lacked subject matter jurisdiction.

We conclude that the plaintiff has failed to establish standing to bring her CUTPA claim because she does not allege harm from the increase in the temperature of the thermal plume that is not remote, indirect or derivative. Her principal allegation is that the elevated temperature of the water will affect wildlife, fish and other aquatic organisms, which, in turn, will indirectly pose a danger to her health and affect her ability to enjoy her recreational pursuits of swimming, boating and consuming seafood from Long Island Sound and the estuary. She does not allege, however, precisely how her health will be endangered from the elevated temperature of the thermal plume or how her recreational pursuits will be affected; nor did she present evidence to that effect at the hearing on the motion to dismiss. See Conboy v. State, supra, 292 Conn. 651-53. Thus, without more specificity, it is impossible to conclude that the harm the plaintiff has alleged is direct. We therefore conclude that the trial court properly dismissed her claim of unreasonable pollution under CUTPA for lack of standing.

Read more here: BURTON v. DOMINION NUCLEAR CONNECTICUT, INC. – Argued December 6, 2010.


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