Jay McKay of the CRCPT has done his usual masterful job with this brief in the Schaller dock case. You really should read the whole thing, because it's a real education in how the DEP is simply refusing to do its job Now that the brief is in the DEP's hands, we'll get to see if Commissioner Arthur Rocque will do his duty or not.

If you'd rather download the brief so you can print it, you can get it in MS Word format here, or Acrobat (pdf) format here.
Here are Mr McKay's cover notes for the brief. Click on the right arrow to go to page 1. Enjoy!

New Years Greetings:
Here's an update on the Schaller application for a dock across from Gillette Castle.
a.. The application is still pending before the Commissioner of DEP, Arthur Rocque. He has the Hearing Officer, Elaine Tata's Proposed Final Decision before him. It recommends that the dock be approved.
b.. The attached documents contain my written responses to the Proposed Final Decision. Taken together, they argue that the Commissioner should not follow the proposed decision for a variety of reasons. The fact that the Hearing Officer utterly ignored most of the citizen testimony is very important and I have cited many of you in these briefs. I also make a variety of arguments about how this would set a bad precedent.
There is no set time limit for the Commissioner's decision. I will notify you when it is issued.
Stay Tuned,
Jay
James S. McKay
Coordinator
Connecticut Public Trust
14 Ridge Road
Chester, CT 06412
(860)526-4236

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