Connecticut Energy Marketers Association v. Department of Energy and Environmental Protection

Summary

Justice Eveleigh dissented from the affirmance of the dismissal, concluding that the plaintiff's claims under the Environmental Policy Act presented a merits question rather than a sovereign-immunity jurisdictional defect. She would have treated the defendants' motions as challenges to legal sufficiency and would have held that the department and regulatory authority initiated or approved activities potentially requiring an environmental impact evaluation, even though private entities would perform and fund the construction. Justice Eveleigh, dissenting, would have reversed and remanded for further proceedings concerning the project's environmental significance and the nature of its funding.