Tilcon Connecticut, Inc. v. Commissioner of Environmental Protection

Summary

The court held that the Department of Environmental Protection exceeded its authority under the Water Diversion Act by seeking broad information about Tilcon’s excavation activities in connection with water-withdrawal permit applications. The department also lacked authority to demand a wetlands mitigation plan for wetlands alterations previously authorized by municipal permits or to delay processing Tilcon’s NPDES permit application because of the pending diversion application. The court therefore reversed and remanded with direction to sustain Tilcon’s appeal, and dismissed the commissioner’s cross appeal as moot.