Connecticut Energy Marketers Assn. v. Dept. of Energy & Environmental Protection

Summary

The court affirmed dismissal of the plaintiff's Environmental Policy Act action, holding that the defendants' energy strategy and approval of a natural-gas expansion plan were not actions requiring an environmental impact evaluation because the potentially harmful construction activities would be undertaken and funded by private distribution companies. The statutory phrase requiring activities to be undertaken by state actors does not encompass privately performed activities merely proposed, approved, or regulated by state agencies. The court also rejected applying the broader federal environmental-review concept to expand the Connecticut statute.