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Contractor's Supply of Waterbury, Ltd. Liab. Co. v. Commissioner of Envtl. Protection

ELR Citation: 37 ELR 20168
Nos. No. SC 17592, (Conn., 07/10/2007)

The court held that General Statutes §22a-196, which prohibits the operation of asphalt batching and continuous mix facilities within one-third of a mile from any hospital, nursing home, school, area of critical environmental concern, watercourse, or residential area, does not violate the due process or equal protection rights of a company seeking to construct and operate an asphalt plant located 400 feet from a river. The state environmental agency issued the company provisional permits to construct and operate an asphalt plant in November 1996. The contested statute, which was enacted in 1998, was effective for plants that began operations after December 31, 1997. Because the company's plant was not yet operational at that time, the agency revoked the provisional permits. The company challenged the decision in court, but the court properly ruled in favor of the agency because §22a-196 is rationally related to a legitimate state purpose, namely, protecting the environment and public health. Nor did the agency improperly construe §22a-196 to apply retrospectively to the provisional permits. Section 22a-196 barred the location of an asphalt plant on the site proposed by the company. The agency, therefore, could not grant the company a permit to operate an asphalt plant in that location.