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Wetlands Regulation

Represented successful plaintiffs in AvalonBay Communities v. Inland Wetlands Commission, 266 Conn. 150 (2003) and River Bend Associates v. Simsbury Conservation Commission, 269 Conn. 57 (2004). These cases have established important statewide benchmarks for wetlands regulation, permitting, and appeals: AvalonBay established the principle that inland wetlands commissions do not have jurisdiction to regulate impacts to wildlife independent of their power to regulate activities in wetlands. The case led the Connecticut General Assembly to clarify state statutes to reflect the outcome of the case. River Bend clarified that wetlands commissions must have proof of some actual adverse impact on a wetland or watercourse in order to deny a permit application and may not rely on speculation.  A recent successful wetlands permit decision is AvalonBay v. Stratford Inland Wetlands Agency (Appellate Court, July 2011).

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