Press Releases
01/29/2024
Attorney General Tong Sues United Illuminating to Enforce English Station Remediation Order
(Hartford, CT) – Attorney General William Tong filed an enforcement action today against United Illuminating over the company’s longstanding failure to remediate contamination at the defunct English Station power plant in New Haven.
Today’s action, taken on behalf of the Department of Energy and Environmental Protection, seeks a permanent injunction requiring United Illuminating to take “whatever action is necessary” to fulfil its legal obligations to clean-up English Station. The complaint further seeks penalties of up to $25,000 per day for each violation of a 2016 Partial Consent Order requiring remediation.
“United Illuminating is obligated to remediate English Station regardless of what it takes and regardless of the cost. That is the law, and that is not up for debate. We have tried for years to get United Illuminating to fulfill its obligations, and they have refused. We were left with no choice but to file today’s legal action, on behalf of our state and the people of New Haven who deserve to see this site cleaned and ready for productive, future use,” said Attorney General Tong.
“In seeking approval to merge with United Illuminating in 2015, Avangrid made commitments that its shareholders would finally take action to address the legacy contamination of English Station, which UI owned and operated for decades,” said DEEP Commissioner Katie Dykes. “Given these years of inaction, DEEP is taking the necessary action to hold Avangrid accountable and applauds the Attorney General for doing the same. These actions are meant to ensure that Avangrid finally honors its commitment to address contamination at English Station, which will benefit our environment and those who live in the area.”
“It’s been over 30 years since the English Station power plant was deactivated and nearly a decade since United Illuminating was ordered to remediate the site, yet no meaningful progress has been made and the site remains both a health risk and an eye sore for New Haven residents. United Illuminating needs to comply with the law and do right by New Haveners, so that this site not only gets cleaned up, but also so that it can be repurposed as a positive asset for the community. The possibilities for this site are endless, but it requires UI to stop the delays and inaction, and to fulfill its legal obligations. I want to thank Attorney General Tong and Commissioner Dykes for taking today’s enforcement action and for their shared commitment to holding UI accountable, protecting New Haveners and ensuring this site can be reactivated for a productive future use,” said New Haven Mayor Justin Elicker.
“We were assured action on this defunct power plant over eight years ago and have only seen foot dragging and inconsequential steps since then,” said Senate President Pro Tempore Martin Looney (D-New Haven). “The neighborhood is fed up with the inaction on this blighted property. Thanks to Attorney General Tong and Commissioner Dykes for moving toward a permanent injunction to get United Illuminating to fulfill its promise to New Haven.”
English Station operated as a coal and oil-fired power plant for United Illuminating from 1929 until it was deactivated in 1992, leaving behind a site extensively contaminated with polychlorinated biphenyls (PCBs), a known carcinogen, heavy metals, and other contaminants.
United Illuminating is obligated by a 2015 PURA order to remediate certain environmental conditions at English Station regardless of cost. UI was required to do so within three years of a 2016 Partial Consent Order between United Illuminating and the State. Since then, the company has made little to no progress, including failing to secure the site so that individuals vandalized the property exposing themselves to harmful contaminants well after the property was supposed to be remediated. The company has cycled through six project managers, who appear to lack any meaningful decision-making authority.
Today’s action is one of a series of measures undertaken by the State to force United Illuminating to comply with its legal obligations. The Department of Energy and Environmental Protection recently initiated an administrative process for a declaratory ruling regarding an issue associated with the English Station cleanup.
In 2023, while opposing a $130.7 million rate hike sought by United Illuminating, Attorney General Tong successfully urged the Public Utilities Regulatory Authority to impose a $2 million annual penalty on the company for their ongoing failure to remediate English Station. United Illuminating has appealed PURA’s decision, and the matter is now pending in Superior Court.
Assistant Attorney General Lori DiBella, Deputy Chief of the Environment Section and Deputy Associate Attorney General Matthew Levine, Chief of the Environment Section assisted the Attorney General in this matter.
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