On November 21, 2025, a U.S. District Court in Connecticut for a second time denied an oil terminal operator’s motion to dismiss a plaintiff’s claim the operator violated the Clean Water Act by failing to account for the effects of climate change, including increasing risks of storm-related flooding, in its design and operation of a bulk petroleum storage terminal located in New Haven Habor. The Court held plaintiff had established constitutional and statutory standing to bring the claim by alleging an ongoing violation of the statute at the onset of the litigation. The Court also found plaintiff’s claims were not mooted when the terminal operator subsequently divested itself of any interest in the oil terminal, adhering to the Second Circuit’s prior ruling that civil penalties may remain available to deter future violations even after a defendant’s compliance moots injunctive relief. The Court’s ruling on the opinion can be found here.
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Phone: (504) 524-5777 | Fax: (504) 524-5763