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Fish Unlimited v. Northeast Utilities Service Co.
State: Connecticut
Court: Supreme Court
Docket No: SC16266
Case Date: 08/01/2000
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** FISH UNLIMITED ET AL. v. NORTHEAST UTILITIES SERVICE COMPANY ET AL. (SC 16266)
Borden, Norcott, Katz, Palmer and Blue, Js. Argued May 23--officially released August 1, 2000 Counsel

Nancy Burton, for the appellants (plaintiffs). Elizabeth C. Barton, with whom were Harold M. Blinderman and, on the brief, Donald C. Mahoney, for the appellees (defendants).
Opinion

KATZ, J. The dispositive issue in this appeal is whether the plaintiffs, who opposed the restart of a nuclear generating unit, were excused from having to exhaust all administrative remedies with the department of environmental protection (department) before seeking injunctive relief in the Superior Court because the administrative remedies available to them were futile or inadequate. The plaintiffs1 brought this action in the trial court seeking to enjoin the restart of a nuclear generating unit

(unit 2), owned and operated by the named defendant, Northeast Utilities Service Company.2 The defendants moved to dismiss the action on jurisdictional grounds, claiming that the plaintiffs had failed to exhaust their administrative remedies with the department, and that the department had primary jurisdiction over the issues raised in the plaintiffs' complaint. The trial court, Hon. Norris L. O'Neill, judge trial referee, denied the defendants' motion. Thereafter, the trial court, Hon. Robert J. Hale, judge trial referee, granted a temporary restraining order enjoining the restart of unit 2, pending a ruling on the plaintiffs' application for a temporary and permanent injunction. Judge Hale ultimately rendered judgment for the defendants and dissolved the temporary restraining order. The plaintiffs appealed from the judgment of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to General Statutes
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