The state Supreme Court today dismissed a lawsuit that challenged the way the Millstone nuclear power plant has been operated.
Nuclear power opponent Nancy Burton sued plant owner Dominion Nuclear Connecticut.
Burton argued that the power plant is illegally pumping more than 2-billion gallons of water a day out of Long Island Sound, for cooling.
She argued that fish larvae were being sucked into the plant, killing off winter flounder.
The state high court dismissed the lawsuit, writing in its decision that state law allows the issue to be decided by the department of environmental protection.
The state supreme court also found that Burton lacked standing to bring the lawsuit.
While the case was in the court system, the department last year issued a new permit for the power plant, in which the company agreed to reduce its water use during winter flounder spawning season.