Location: New Haven | Status: Pending
Summary: Save the Sound has intervened in a Superior Court action to argue that the New Haven City Plan Commission has full authority to impose conditions on a solid waste transfer station to protect residents of the Annex neighborhood from the environmentally unjust impacts of the facility. Murphy Road Recycling (MRR) operates a solid waste transfer facility in the Annex – one of Connecticut’s most environmentally overburdened neighborhoods.
As part of its operation, MRR receives up to 967 tons (or 245 truckloads) of waste daily, six days a week. When MRR sought to renew its special permit to operate, the New Haven City Plan Commission (Comm’n) heard testimony from community members, Save the Sound, and partner organizations about the impact this operation has on public health and the environment. Specifically, it heard nearby residents describe loud noises coming from MRR at all hours of the night, foul and overwhelming odors surrounding MRR, and vermin infestations that have occurred as a result of its operations. To address these impacts, the Comm’n imposed conditions on MRR’s special permit designed to address and fix its negative impacts on the community.
In June 2022, MRR sued the Comm’n, claiming, among other things, that the Comm’n overstepped its authority and acted arbitrarily when it imposed these conditions. In February 2023, Save the Sound filed a Verified Petition to Intervene under the Connecticut Environmental Protection Act (CEPA), claiming that MRR creates a public nuisance and poses substantial environmental burdens on an already overburdened community.
In June 2023, Save the Sound filed a brief in Connecticut Superior Court, arguing that the Comm’n acted within its authority by imposing conditions on the special permit and, therefore, the Comm’n’s decision to do so should be affirmed. Save the Sound argued before the state Superior Court on the merits of this case in February 2024. In September 2024, the Court issued a Memorandum of Decision, remanding the case back to the Commission to develop a fuller record of its authority and position. Once this is complete, the case will return to the Court and a final decision will be made.
Latest Step: The Court remanded the case back to the Commission to develop a fuller record of its authority and position.
Next Step: The Commission will supplement the record, and afterward, the Court will determine how to proceed.
Further Reading:
- PRESS RELEASE: Save the Sound brief highlights need for New Haven to address environmental justice hazards at Wheeler Street waste facility
- PRESS RELEASE: Save the Sound files petition to intervene, citing environmental justice hazards at Wheeler Street waste facility
Action Opportunities:
Last Updated: September 26, 2024