Sec. 22a-16. Action for declaratory and equitable relief against unreasonable pollution.
Sec. 22a-16. Action for declaratory and equitable relief against unreasonable
pollution. 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 maintain an action in
the superior court for the judicial district wherein the defendant is located, resides or
conducts business, except that where the state is the defendant, such action shall be
brought in the judicial district of Hartford, for declaratory and equitable relief against
the state, any political subdivision thereof, any instrumentality or agency of the state
or of a political subdivision thereof, any person, partnership, corporation, association,
organization or other legal entity, acting alone, or in combination with others, for the
protection of the public trust in the air, water and other natural resources of the state
from unreasonable pollution, impairment or destruction provided no such action shall
be maintained against the state for pollution of real property acquired by the state under
subsection (e) of section 22a-133m, where the spill or discharge which caused the pollution occurred prior to the acquisition of the property by the state.
(1971, P.A. 96, S. 3; P.A. 78-280, S. 2, 6, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-428, S. 31, 39; P.A. 95-220, S. 4-6.)
History: P.A. 78-280 substituted "judicial district" for "county" and "judicial district of Hartford-New Britain" for
"Hartford county"; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford",
effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September
1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective
June 14, 1993; P.A. 93-428 provided that no action could be maintained under this section for certain properties acquired
by the state pursuant to Sec. 22a-133m, the urban sites remediation program, effective July 1, 1993; P.A. 95-220 changed
the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.
Cited. 170 C. 47. Cited. 175 C. 483. Cited. 179 C. 541. Cited. 184 C. 51. Cited. 192 C. 247. This statute did not provide
plaintiffs with standing under any statute other than the Environmental Protection Act itself. Id., 591. Cited. 197 C. 134.
Cited. 204 C. 38. Environmental protection act (Secs. 22a-14-22a-20) cited., Id., 212. Environmental protection act (EPA),
Sec. 22a-14 et seq., cited. 212 C. 710; Id., 727. Cited. 215 C. 474. Environmental protection act cited. 218 C. 580. Connecticut
environmental protection act Sec. 22a-14-22a-20 cited. 220 C. 54. Environmental protection act Secs. 22a-14-22a-20
cited. 222 C. 98. Cited. Id., 280. 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. 227 C. 175. Cited. 229 C. 479. Connecticut Environmental
Protection Act Sec. 22a-14 et seq. cited. 234 C. 488. Cited. 237 C. 135. Environmental Protection Act, Sec. 22a-14 et seq.
cited. Id. Environmental Protection Act Sec. 22a-14 et seq. cited. 239 C. 786. Plaintiff lacked standing to bring action
pursuant to this section and litigate permitting claims that are governed by Sec. 22a-430 and are within exclusive domain
of department. 254 C. 21. All that is required to invoke jurisdiction of Superior Court under this section is a colorable
claim by "any person" against "any person" of conduct resulting in harm to one or more natural resources of this state and
in this case, plaintiff has standing under this section but has not alleged factual allegations sufficient to support plaintiff's
claims against the named defendant because section does not expand jurisdiction of the town agency to consider environmental matters not otherwise within its jurisdiction; however, plaintiff's claim against city based on a statutory duty is
within scope of the statute; plaintiff also has standing against permit applicant on grounds that its proposed demolition
activities will result in unreasonable harm to state's natural resources. 262 C. 480. Plaintiff failed to establish statutory
standing under section because plaintiff's complaint fell short of articulating a colorable claim of unreasonable pollution,
impairment or destruction of the environment. 265 C. 423. Plaintiff lacked standing to bring action purusant to section
where the area in question is expressly placed within exclusive domain of commissioner. 267 C. 116. Trial court properly
determined airport defendants should not be required to restore land to its original condition and properly determined
amount of monetary penalties. 275 C. 105. Commissioner of Environmental Protection had standing to make claim that
clear-cutting of trees by airport defendant constituted unreasonable pollution. Id., 161. Plaintiff made a colorable claim of
unreasonable harm to the environment sufficient to establish standing to seek relief. 282 C. 791. Action should have been
brought in judicial district of Hartford, but plaintiff's failure to do so did not implicate trial court's subject matter jurisdiction;
the case should be transferred to judicial district of Hartford. Id. Section authorizes "any person" to bring an action for
enforcement of provisions and plaintiffs had standing to bring action upon allegation that development had resulted in
destruction of wetlands and was likely to cause irreparable harm to surrounding ecosystem and watercourses. 284 C. 268.
Cited. 4 CA 621. Cited. 30 CA 204. Cited. 40 CA 75. Environmental Protection Act (EPA) Sec. 22a-14 et seq. cited.
41 CA 89. Cited. Id., 120. Wetlands constitute a natural resource of this state and the purpose for enacting section was to
prevent their unreasonable "pollution, impairment or destruction". 49 CA 684. Plaintiff had standing to bring action pursuant
to this section where complaint alleged defendant developer's construction activities were unlawfully impairing or destroying wetlands because of failure to follow procedures established by Sec. 22a-42a(b) and inland wetland regulations. Id.
Environmental protection commissioner doesn't have right to act directly under this statute to seek declaratory or
equitable relief; he is limited under Inland Wetlands and Water Courses Act to promulgating regulations and appealing
decisions of municipal commissions. 35 CS 145. Section is example of a legislative enactment of what has been described
as expanding doctrine of "private attorney generals", who are empowered to institute proceedings to vindicate the public
interest. By utilizing this procedure legislature expanded the number of potential guardians of the public interest in the
environment into the millions, instead of relying exclusively on limited resources of a particular agency. 48 CS 594.