Firm News

Wiggin and Dana’s John Doroghazi, Josh Taylor, Chloe Booth, and Zachary Lee successfully obtained summary judgment on the vast majority of claims asserted against client Pike Fuels Limited Partnership in a closely watched environmental enforcement action brought by the Conservation Law Foundation in the U.S. District Court for the District of Connecticut. The plaintiff alleged that Pike violated the Clean Water Act and Connecticut permitting requirements through its operation of a bulk petroleum storage terminal in New Haven, including novel claims that Pike was required to account for climate-change-related impacts in its stormwater management planning.

In a 54-page decision, Judge Sarala V. Nagala granted Pike’s motion for summary judgment on Counts One through Nine, rejecting the plaintiff’s climate-change-based theories of liability. The Court held that the plaintiff failed to present evidence that Pike neglected any technologically available and economically practicable control measures and further found that the plaintiff lacked standing to pursue claims based on Pike’s alleged failure to consider climate change in its planning documents. The Court also granted summary judgment to Pike on Count Eleven and partially granted summary judgment on Count Ten, substantially narrowing the case.

The ruling represents a significant victory in litigation seeking to expand Clean Water Act obligations through climate-related theories. The Court rejected key elements of the plaintiff’s claims and dismissed the bulk of the action before trial, leaving only limited claims to proceed.

Wiggin and Dana also wishes to recognize and thank the late Michael Miller, who served as a lead partner on the matter for many years before his passing. Michael’s tireless advocacy on behalf of the client and longstanding stewardship of the case helped position it for this successful outcome.

Read the decision here.