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Greenwich, Town of v. Department of Transp.

Citation: 10 ELR 20178
No. No. B-76-193, 14 ERC 1150, 1177/(D. Conn., 11/07/1979)

The court grants plaintiffs' motion for partial summary judgment in a suit charging defendants with violating an Environmental Protection Agency (EPA) compliance order and appoints an administrator to oversee closure of the antiquated Cos Cob Power Plant by Dec. 31, 1980 in accordance with an amended abatement schedule. The court finds that the Connecticut Department of Transportation has admitted that it is "running" the plant and the commuter railroad line that it powers. There is, moreover, no dispute that defendants are in violation of the EPA order and the applicable air pollution control regulations. Ruling that continued "slippage" in the schedule for completing reelectrification of the railroad and closure of the plant is unacceptable in light of the potential for further air pollution and jeopardy to the continuation of commuter rail service, the court determines that judicial supervision, control, and management of the compliance process are needed. As an exercise of its broad remedial power, the court appoints an administrator vested with the powers necessary to achieve expeditious compliance with the EPA order.

Counsel for Plaintiff
Haynes N. Johnson
Parmelee, Johnson, Bollinger & Bramblett
460 Summer St., Stamford CT 06901
(203) 327-2650

Counsel for Defendants
Bryan E. O'Neill, Ass't Attorney General
State Office Bldg., Rm. 147, Hartford CT 06115
(203) 566-2090