The federal district court for the District of Connecticut denied a motion by the former owner and operator of a bulk petroleum storage terminal in New Haven to dismiss a second amended complaint filed by Conservation Law Foundation (CLF) in a citizen suit alleging that the defendant violated the Clean Water Act by failing to account for the effects of climate change in its operation of the terminal. CLF filed the second amended complaint after the defendant sold the terminal to a nonparty. The court rejected the defendant’s argument that the case was moot, finding that the defendant failed to submit any evidence “to sustain its heavy burden of establishing that the challenged conduct cannot reasonably be expected to recur” and therefore failed to demonstrate mootness with respect to CLF’s request for declaratory relief. The court further concluded that CLF’s request for civil penalties prevented the case from being moot. The court also concluded that CLF had constitutional standing. In addition, the court rejected the defendant’s arguments that CLF failed to state a claim for relief. Although the court questioned whether CLF acted in good faith in alleging “ongoing and continuous” violations at the time it filed its second amended complaint, the court found that the amended complaint sufficiently alleged such a violation because it related back to the original complaint’s adequate allegations. The court declined to rule at this stage of the litigation on whether the “best management practices” provision of the terminal’s National Pollutant Discharge Elimination System (NPDES) permit could be construed to impose climate change-related requirements. The court concluded that a fuller factual record was required to determine the scope of the operative permit, despite the defendant’s argument that the Connecticut Department of Energy & Environmental Protection’s inclusion, for the first time, of “resilience measures” in a 2024 draft and 2025 final version of a NPDES General Permit for the Discharge of Stormwater Associated with Industrial Activities suggested that such measures were not required by the terminal’s operative permit. The court also rejected the defendant’s contention that any such requirements in the permit would render the operative permit impermissibly vague. In addition, the court found that CLF’s allegations that the defendant violated the NPDES permit’s best management practices provision were sufficient to proceed and concluded that the record was not sufficiently developed for it to address whether CLF’s citizen suit impermissibly sought to enforce state standards that exceeded federal standards.

Citizen suit alleging failures to prepare a bulk storage and fuel terminal in New Haven, Connecticut for the effects of climate change.

Conservation Law Foundation v. Pike Fuels LP

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Connecticut Federal Court Denied Former Owner’s Request to Dismiss Climate Adaptation Suit Regarding Bulk Petroleum Storage Terminal in New Haven

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

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Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

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Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

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The management and allocation of funds, assets and investments to meet various objectives

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Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Connecticut Federal Court Denied Former Owner’s Request to Dismiss Climate Adaptation Suit Regarding Bulk Petroleum Storage Terminal in New Haven

Policy instrument

Risk

Just transition

Fossil fuel

Economic sector

Adaptation/resilience