Connecticut Energy Marketers Association v. Department of Energy and Environmental Protection et — Eveleigh, J…

Summary

The dissent would reject dismissal on sovereign-immunity grounds, reasoning that the plaintiff's allegations presented a question of legal sufficiency properly addressed through a motion to strike. It would hold that the department and authority initiated or proposed an environmentally significant activity by exercising discretion over a natural-gas conversion plan, even though private entities would perform and fund the construction. The dissent would reverse and remand for further proceedings to determine whether the activity may significantly affect the environment.