New Milford Residents File Brief to Block Solar Power Farm, Claiming Plan Will Damage Environment

New Britain Superior Court. Photo: Google Earth

Claiming a prospective solar farm in New Milford would be disastrous to the environment and that the Connecticut Siting Council hastily rushed approval of the plan, attorneys representing Rescue Candlewood Mountain have filed a court brief in opposition to the proposal.

The 88-page brief filed Aug. 9 in New Britain Superior Court claims the project by Massachusetts-based Candlewood Solar calls for the destruction of 87 acres of valuable core forestland, or 15,000 trees, on Candlewood Mountain. That land, if the deal eventually goes through, would make way for a solar energy facility generating 20 megawatts of electricity to be sold to utilities in both Massachusetts and Rhode Island. The plan calls for installing about 15,000 solar panels.

Daniel Casagrande, attorney for the plaintiffs, told the Connecticut Law Tribune Monday that the plan would “essentially destroy dozens of acres of what the state has said is ever-diminishing natural resources.”

“The state has been on record the past several years saying there has been a loss of core forest land,” Casagrande said. “And both the [state] Department of Energy and Environmental Protection and the [state] Department of Agriculture have said we need to do what we can to stop the loss of core forest land. This project would accelerate it.”

Casagrande, a partner with Cramer & Anderson in Danbury, said the five-member siting council was wrong to approve the project for several reasons. The council, Casagrande said, “abused its discretion” by approving the plan, “even though the developer admitted that it had searched for no potential alternative sites anywhere outside of New Milford, and its investigation of alternatives within New Milford were perfunctory at best.”

In addition to the environmental factors, the plaintiffs say the glare from the solar panels is a safety concern for the small aircraft using the Candlelight Farms Airport, located about half a mile away.

“Our position is that this was approved improperly, on the basis of a hastily compiled petition that was filed in order to get around the public act (17-218) that became effective July 1, 2017,” said Casagrande, who noted the act requires detailed and intensive environmental review of projects involving solar panels.

Candlewood Solar attorney Paul Michaud of the Michaud Law Group in Middletown told the Connecticut Law Tribune Monday: “Their [motion] is without merit, and we are confident we will prevail.” He did not elaborate.

The siting council signed off on a declaratory ruling on the project for Candlewood Solar on Dec. 21. The council, which has jurisdiction over sites for electricity-generating facilities, claimed the plan would not negatively affect the environment. The council, in its ruling, wrote that the project met all applicable water standards.

The plaintiff requested to overturn the council’s 5-0 ruling in a Feb. 1 complaint. Its first motion in the case was made Aug. 9. In April court filings, Candlewood Solar denied the project “would cause severe environmental and other impacts.” It denied all claims of environmental dangers laid out by the plaintiffs in their complaint.

The New Britain-based council is represented by Robert Marconi, assistant attorney general. All media calls to attorneys within the Connecticut Attorney General’s Office must go through spokeswoman Jaclyn Severance, who declined to comment because the matter is pending litigation.

Casagrande said he expects the bench trial to begin by October and to last several days. A judge has to be named.

Lisa Rivas assisted Casagrande on the case.