While some residents and local officials applauded the April 23 ruling by the Connecticut Superior Court on United Illuminating’s plan to erect monopoles on the north side of Metro North train tracks in Fairfield, others have noted that “it’s not the end of the road” due to remaining legal uncertainties.
The court ruled in favor of the town and its co-plaintiffs in an appeal of the Connecticut Siting Council’s (CSC) approval of the construction of the overhead transmission lines along the new route. In its decision, the court found that CSC “exceeded its statutory authority and violated principles of fundamental fairness.”
Andrea Ozyck, co-founder of the Sasco Creek Neighbors Environmental Trust, Inc. (SCNETI)–which helped organize the Empowering Fairfield coalition made up of Fairfield, Southport and Bridgeport residents—said the ruling was “vindicating.”
“We are certainly happy that the judge agreed with what we were arguing, which is that the state approved a project that UI never even designed,” Ozyck said. “But either UI will file another appeal that goes to the Connecticut Supreme Court or they could submit a new application for the project.” Ozyck said that would start the Siting Council process again and—although laws passed last fall have “tightened up” the process—”it certainly doesn’t mean that the project won’t go through,” according to Ozick.
Critical to the decision was the finding that the CSC “changed the facility under consideration in the application from the 1430 Line to the 1130 Line” without requiring UI to submit a new application. The court concluded that this change—which entailed moving the location—limited the ability of residents to provide adequate input, and remanded the matter back to the CSC “for proceedings consistent with [the court’s] memorandum of decision.”
State Rep. Jennifer Leeper (D-132nd District) called the decision a community victory. “Today is proof that regardless of how powerful a utility company may be, communities who come together and speak out and stand up are more powerful,” she said. “This is such an important win for our community that so many worked to achieve together.”
United Illuminating spokesperson Sarah Wall Fliotsos said the company remains committed to the project’s goals.
“The fundamental purpose of this project remains unchanged,” she said. “The longer this project is stalled by permitting and legal challenges, the more urgent this project becomes to ensure continued safe and reliable service to the region.
“UI is eager to put forth its plan for the Siting Council’s consideration, in line with this program’s previous projects spanning six communities, from New Haven to Stratford, that have been approved again and again for the past decade,” Fliotsos said.
Fairfield filed its appeal in March after months of CSC hearings, during which residents and town officials raised concerns about the height of the monopoles and questioned the necessity of the project.
Fairfield First Selectman Bill Gerber said he was satisfied with the ruling.
“We won the appeal,” Gerber said. “They have to do it under new rules, and [will need to account for] the legitimate cost of undergrounding, which is what we want,” he said.
“The beautiful thing about this effort is that it was a joint effort between Fairfield and Bridgeport, and the legislators of this town as well. Nonprofits and business owners were working together. The result was great for everyone,” Gerber said.
Gerber credited Fairfield Director of Communications Lisa Clair with organizing meetings in coordination with SCNETI at Southport Congregational Church. “She pulled everyone together,” he said.
“UI came in with the idea to build through most historical part of Fairfield, towering over Pequot Library, asking easements of historic homes. They didn’t give proper warning to neighbors. No one recalls getting anything. It must have looked like junk mail,” Gerber said.
He added that future utility applications would face new requirements for public notice and cost transparency. “Going forward, any utility that files needs to do more work to show costs and what costs go into various alternatives,” Gerber said.
State Sen. Tony Hwang (R-28th District) echoed that sentiment. “This is a powerful victory for due process and for the people’s voice,” Hwang was quoted as saying. “Fairfield’s successful appeal underscores the importance of transparency, fairness and community engagement in major infrastructure decisions.”
The court ruling does not block UI from submitting a revised application, nor does it prevent a future appeal.
