Connecticut’s Department of Energy and Environmental Protection (DEEP) just told the public it

has a right to request hearings on major air permits — and then turned around and denied every

single request, claiming the public failed to meet a secret standard the agency never told

anyone about.

 

This wasn’t a technical mix-up; it was a quiet but deliberate move that effectively shut out a

town, a citizens’ group, and an environmental NGO from challenging the Brookfield compressor

station expansion — a fossil fuel project proposed next to a school in one of the state’s worst

ozone zones.

 

The Setup

Over the summer, DEEP rolled out new procedures under Public Act 25-84, a law that was

supposed to revamp DEEP’s hearing process for predictability. On its own website, DEEP told the public that to request such a hearing, they should “submit a petition form” — a form that has been online for years and contains no oath or notarization requirement.

 

Three groups followed those instructions to the letter: the Town of Brookfield, Save the Sound, and Stop the Brookfield Compressor Station Expansion, a local grassroots coalition.

 

Together, they represented roughly 20,000 residents, hundreds of signatories, and more than

200 individual written comments. All three petitions used the DEEP form. All were rejected.

 

The Bait and Switch

On October 15, DEEP’s hearing officer ruled that none of the petitions were “verified pleadings,”

a phrase borrowed from a completely different section of law.

 

This “requirement” appears nowhere in the new statute, nowhere on DEEP’s website, and

nowhere in the form the agency provided to the public.

 

In other words, DEEP set a trap: it invited the public to participate using one procedure, then

denied participation under another — one that only DEEP knew it would apply. The department could easily have allowed petitioners to amend their filings with verified signatures, given notice that the form was outdated, or granted leave to cure given the timing and confusion.

 

Instead, it summarily denied all three petitions, declaring them invalid and converting the

matter to a non-binding informational hearing — a forum that carries no legal weight and

provides no means to challenge the permit.

 

The Broader Implications

This decision doesn’t just affect Brookfield — it sets a precedent for every air permit in

Connecticut going forward. If DEEP’s interpretation stands, no member of the public can rely

on DEEP’s own forms or instructions when trying to exercise their right to participate in

environmental permitting.

 

The public did everything right. DEEP moved the goalposts.

 

And the Governor’s administration — Ned Lamont and DEEP Commissioner Katie Dykes —

appear content to let it happen.

 

It’s a betrayal of transparency, of the legislature’s intent in passing Public Act 25-84, and of the

very idea that the public has a seat at the table in environmental decisions.

 

Why It Matters

● This is the first major test case under Public Act 25-84.

● The agency’s own published form contradicts its ruling.

● The denial affects three separate petitioners — a municipality, a nonprofit, and a citizen group — not one of whom was given a fair chance to comply.

● The outcome neuters Connecticut’s newly expanded hearing rights, turning them into a

mirage.

 

Dan Myers is a Sierra Club member and resident of Brookfield.

 

Note from Sierra Club State Director Samantha Dynowski:

Here’s some actions you can take to help:

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1. Please call and email Governor Ned Lamont and Katie Dykes, the Commissioner of the DEEP. Tell them your name and the town you live in. Tell them you are shocked that DEEP would deny an adjudicatory hearing on the proposed expansion of the Brookfield Compressor station and ask them to reverse the decision and hold an adjudicatory hearing. This proposal has serious impacts on air quality, public health, and our climate. Here is their contact information:

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Governor Ned Lamont: 860-566-4840, governor.lamont@ct.gov

DEEP Commissioner Katie Dykes: 860-424-3001, katie.dykes@ct.gov 

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2. If you live in Brookfield, please contact the Board of Selectmen, who successfully collected signatures and filed one of the three petitions. We have learned the good news that the Town is appealing the denial. Be sure to email First Selectman Steve Dunn and the Board of Selectmen and thank them! Email Steve Dunn and Board of Selectmen: SDunn@brookfieldct.gov, BOS@brookfieldct.gov