🔒Judge dismisses lawsuit, allowing DEEP to rule on pipeline project

A Connecticut judge on Thursday allowed the state’s Department of Energy and Environmental Protection to continue its review of a controversial gas expansion project in Brookfield, while leaving the door open for opponents to appeal the agency’s final decision. The decision by New Britain Superior Court Judge Matthew Budzik dismissed a lawsuit brought by town officials and the environmental group Save the Sound earlier this year. That lawsuit objected to a decision by DEEP that denied the groups’ efforts to intervene against a proposed expansion of the Iroquois Gas Transmission System. The project involves the addition of two gas-fired compressors to an existing compressor station in Brookfield, which would allow Iroquois to push an additional 125 million cubic feet of gas each day through its regional pipeline to New York City. Pipeline officials say that some of that gas may also be delivered locally in Connecticut. The $272 million project has already received approval from regulators in New York and Washington, D.C. The final step in the approval process is DEEP’s consideration of air quality permits for the two new compressors. Last summer, the agency issued draft permits indicating its tentative support for the project. Since then, a coalition of environmental activists and local opponents have pushed back against the project, urging DEEP to reject the expansion. Among the concerns that have been raised by critics are the potential for increased air pollution and the compressor station’s proximity to a local middle school. In January, the town of Brookfield and Save the Sound filed their lawsuit alleging the agency failed to hold a proper hearing for members of the public to raise concerns about the project. While DEEP agreed to hold an informational public meeting on the Iroquois project on Jan. 8, the agency rejected the request for a more robust adjudicatory hearing, citing issues with both the town’s and Save the Sound’s applications. Without such a hearing, opponents said they would be left without means to appeal the agency’s final decision. In his decision on Wednesday, however, Budzik disagreed with that reasoning, saying the law gives both groups an opportunity to appeal should DEEP decide to approve the project. Until then, he ruled that efforts to stop DEEP from rendering its final decision were premature. A spokesperson for DEEP did not immediately comment on the ruling Thursday, saying staff were reviewing the decision. In a statement, Iroquois spokesperson Ruth Parkins said “we are very pleased with the Court’s decision. At this time, the matter still resides with the DEEP hearing officer and we anticipate a final decision will be forthcoming from the DEEP shortly.” Representatives with the town of Brookfield and Save the Sound were not immediately available for comment. A final decision on the project from DEEP is expected sometime this month, once the agency finishes reviewing and responding to the hundreds of comments it received from the public.