The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Administrative Appeal Appellate Court Opinion

by Booth, George


AC43834 - Nutmeg State Crematorium, LLC v. Dept. of Energy & Environmental Protection (Administrative appeal; "The plaintiffs, Luke DiMaria and Nutmeg State Crematorium, LLC, appeal from the judgment of the Superior Court dismissing their administrative appeal from the decision of the Commissioner of Energy and Environmental Protection (commissioner), denying the plaintiffs' applications for two new source review air permits (air permits), which had been submitted by the plaintiffs to the defendant Department of Energy and Environmental Protection (department). On appeal, the plaintiffs claim that the trial court erred by (1) concluding that the plaintiffs' cremation system exceeded the maximum allowable stack concentration (MASC) for mercury, (2) interpreting improperly the term "ambient air" to mean all atmosphere external to buildings, (3) adjudicating issues not raised in the administrative appeal, and (4) violating binding legal precedent and General Statutes ยง 4-183 (j). We affirm the judgment of the court dismissing the plaintiffs' appeal.")