Starr v. Commissioner of Environmental Protection

I disagree with the majority’s conclusion that a property owner, without any fault on his or her part, may be required to remove pollutants from his or her property, even though the cost of removal could substantially exceed the value of the property. I agree with the trial court’s well reasoned opinion that “maintaining any facility or condition which reasonably can be expected to create a source of pollution” under General Statutes § 22a-432 requires more than passive ownership. Active, or positive conduct—that is, some fault on the part of the property owner—is required for one to maintain…