Town of Greenwich v. Connecticut Transportation Authority

348 A.2d 596, 166 Conn. 337, 1974 Conn. LEXIS 902
CourtSupreme Court of Connecticut
DecidedMay 7, 1974
StatusPublished
Cited by20 cases

This text of 348 A.2d 596 (Town of Greenwich v. Connecticut Transportation Authority) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Greenwich v. Connecticut Transportation Authority, 348 A.2d 596, 166 Conn. 337, 1974 Conn. LEXIS 902 (Colo. 1974).

Opinions

MacDonald, J.

The single issue presented by this appeal is whether the plaintiff, the town of Greenwich, can obtain injunctive relief under the provisions of the Environmental Protection Act of 1971 (§§ 22a-14 to 22a-20 of the General Statutes)1 against the state of Connecticut and the Connecticut Transportation Authority in their operation of [340]*340the Cos Cob railroad power plant nnder an agreement which, pursuant to § 16-344,2 is exempt from “state regulation.”

The facts relevant to the determination of this issue are undisputed and may be briefly summarized. On June 26, 1972, the plaintiff brought an .action against the defendants, the Connecticut Transportation Authority and the commissioner of transportation, seeking injunctive relief .against emissions from the Cos Cob power plant which allegedly violated the sanitary code of the town of Greenwich, the public health code of the state of Connecticut and the Environmental Protection Act of 1971. The Cos Cob power plant is located at Cos Cob, within the geographical limits of the town of Greenwich, and generates electric power which operates a portion of the Penn Central Eailroad.

On July 11, 1972, the defendants demurred to the plaintiff’s complaint on several grounds, one of which was that § 16-344 exempts from state regulation the operation of railroad service under contract [341]*341with the Connecticut Transportation Authority. On August 31, .1.972, the plaintiff moved to amend its writ and complaint to add the Penn Central Transportation Company, the operator of the Cos Coh power plant, as a party defendant. Leave to join the Penn Central as a party defendant having been granted by the United States District Court for the Eastern District of Pennsylvania, the plaintiff’s motion was granted, and the Penn Central was cited in as a party defendant and filed an answer to the plaintiff’s complaint. On June 29, 1973, the Superior Court sustained the demurrer of the original defendants on the ground that § 16-344 created an exception to § 22a-18. The plaintiff has appealed to this court from the judgment rendered after the court sustained the defendants’ demurrer.

The resolution of this appeal quite obviously depends upon an interpretation of the term “state regulation” as used in § 16-344. If the relief sought by a cause of action maintained by virtue of the Environmental Protection Act of 1971 constitutes such regulation, then clearly the special provisions of § 16-344 conflict with the general provisions of the Environmental Protection Act. In such a case, as was pointed out by the trial court, the rule of statutory construction delineated in Baker v. Baningoso, 134 Conn. 382, 385, 58 A.2d 5, would apply: “ ‘[I]f one of two enactments is special and particular and clearly includes the matter in controversy, whilst the other is general and would if standing alone, include it also, and if the inclusion of that matter in the general enactment would produce a conflict between it and the special provisions, it must be taken that the latter were designed as an exception to the general provisions.’ Wentworth v. L. & L. [342]*342Dining Co., 116 Conn. 364, 369, 165 A. 203.” In terms of the specific situation presented herein, the operation of the railroad power plant, by virtue of § 16-344, would be exempt from the relief sought by the plaintiff’s cause of action as an exception to §§ 22a-16 and 22a-18.

We find this to be the case. “ ‘The words used [in a statute] are to be construed according to their commonly approved usage. General Statutes § 1-1; Hardware Mutual Casualty Co. v. Premo, 153 Corn. 465, 474, 217 A.2d 698; State v. Benson, 153 Conn. 209, 214, 214 A.2d 903; Baker v. Norwalk, 152 Conn. 312, 315, 206 A.2d 428. Or, stated another way, statutory language is to be given its plain and ordinary meaning. State v. Taylor, 153 Conn. 72, 82, 214 A.2d 362.’ Klapproth v. Turner, 156 Conn. 276, 280, 240 A.2d 886.” Windham Community Memorial Hospital v. Willimantic, 166 Conn. 113, 120, 348 A.2d 651. Webster’s Third New International Dictionary defines “regulation” as “an act of regulating or the condition of being regulated.” “Regulate” is defined as meaning “to govern or direct according to rule; ... to bring u/nder the control of law or constituted authority.” (Emphasis added.) “Regulation connotes . . . the power to permit and control as well as to prohibit”; Yale University v. New Haven, 104 Conn. 610, 625, 134 A. 268; and “infers limitations.” Hartland v. Jensen’s, Inc., 146 Com. 697, 702, 155 A.2d 754.

The state public health code and the sanitary code of Greenwich are, by any reasonable application of the definitions given above, and by the express wording of the statutes authorizing their promulgation, exercises in “regulation.” See General Statutes §§ 19-13, 19-80. The Environmental Protection Act [343]*343of 1971 clearly was a legislative attempt to bring the ever-growing problems of air and water pollution “under the control of law.” That act, in its declaration of policy, specifically found and declared that there is a “public trust in the air, water and other natural resources of the state of Connecticut.” (Emphasis added.) § 22a-15. Through the medium of actions authorized by § 22a-16 the legislature sought to apply “limitations” on the “unreasonable pollution, impairment, or destruction” of those natural resources, or, in other words, to regulate those enumerated evils.

It could be argued that because the Environmental Protection Act of 1971 did not place complete regulatory authority over various forms of pollution within a traditional regulatory agency, but instead conferred standing to sue on a wide variety of agencies, municipalities and other entities, including “any person,” it cannot be said to establish “state regulation.” We are of the opinion, however, that § 22a-16 is an example of a legislative enactment of what has been described as the expanding doctrine of “private attorney generals,” who are empowered to institute proceedings to vindicate the public interest. See, e.g., Associated Industries v. Ickes, 134 F.2d 694, 704 (2d Cir.), dismissed as moot, 320 U.S. 707, 64 S. Ct. 74, 88 L. Ed. 414; 3 Davis, Administrative Law Treatise § 22.05. By utilizing this procedure, the legislature expanded the number of potential guardians of the public interest in the environment into the millions, instead of relying exclusively on the limited resources of a particular agency.

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Town of Greenwich v. Connecticut Transportation Authority
348 A.2d 596 (Supreme Court of Connecticut, 1974)

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Bluebook (online)
348 A.2d 596, 166 Conn. 337, 1974 Conn. LEXIS 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-greenwich-v-connecticut-transportation-authority-conn-1974.