Legal Disclaimer and Notice

Protected Speech, Terms of Use, and Constitutional Rights

Important Legal Notice

This page contains important legal information regarding the use of this website, the nature of its content, and the constitutional protections applicable to the speech and analysis presented herein.

Nature of Content: Protected Opinion and Policy Analysis

This website and all content contained herein (the "Site") constitute protected speech under the First Amendment to the United States Constitution and Article First, Section 4 of the Connecticut Constitution. The materials presented represent opinion, analysis, commentary, and policy recommendations on matters of substantial public concern, specifically the operations, governance, and public accountability of the Connecticut Green Bank ("CGB"), Inclusive Prosperity Capital, Inc. ("IPC"), and related entities and programs funded by Connecticut ratepayers.

The Site does not purport to establish or assert ultimate facts. Rather, it presents interpretations, evaluations, and analytical frameworks derived from publicly available information, documents, testimony, and data sources. All statements herein should be understood as the opinions and beliefs of the contributors based on their good-faith review and interpretation of available evidence, and not as assertions of verifiable, objective truth admissible in a court of law.

Sources and Methodology

The content on this Site has been developed through collaborative research involving multiple participants, stakeholders, data analysts, legal researchers, industry professionals, and concerned citizens (collectively, "Contributors"). The analysis relies upon:

Public Records

  • Connecticut General Statutes, legislative materials, state agency reports
  • Connecticut Green Bank board resolutions and meeting minutes
  • IRS Form 990 filings
  • Municipal meeting minutes and public hearing testimony
  • Regulatory filings with the Connecticut Department of Energy and Environmental Protection ("DEEP")
  • Publicly available financial disclosures

Publicly Reported Information

  • Investigative journalism (such as reports by Inside Investigator and other news organizations)
  • Press releases and official statements by CGB officers and spokespersons
  • Publicly accessible contracts and procurement documents
  • Third-party industry analyses

Expert Analysis and Interpretation

  • Legal scholarship on antitrust law
  • Energy policy research
  • Financial analysis of solar project economics
  • Comparative policy studies (e.g., New York Green Bank operations)

Stakeholder Input

  • Testimony from municipal officials
  • Private solar developers
  • Ratepayer advocates
  • Industry participants

Publicly Available Market Data

  • Solar project pricing
  • Private sector financing terms
  • Competitive market information from publicly traded companies and industry publications

All source materials cited or referenced are either publicly available or were obtained through lawful means. The Contributors have made good-faith efforts to ensure accuracy in citing and characterizing source materials, but acknowledge that reasonable persons may interpret the same materials differently. The Site welcomes corrections of factual errors in source citations or quotations.

Protected Opinion and Rhetorical Hyperbole

Statements on this Site that characterize conduct as "monopolistic," "anticompetitive," "illegal," "violates antitrust law," or similar terms represent legal opinions and analytical conclusions drawn from the Contributors' interpretation of statutory law, case precedent, and factual circumstances. These are not judicial determinations and should not be construed as such.

Similarly, rhetorical devices such as "shadow agency," "worst of both worlds," "state-sanctioned extraction," and comparable expressions constitute protected rhetorical hyperbole and figurative language commonly employed in political and policy discourse. Such language conveys the Contributors' subjective evaluations and value judgments regarding matters of public policy and is entitled to full constitutional protection.

See Greenbelt Coop. Publ'g Ass'n v. Bresler, 398 U.S. 6 (1970); Milkovich v. Lorain Journal Co., 497 U.S. 1, 20 (1990) (protecting rhetorical hyperbole and vigorous epithet in public debate).

Public Concern and Public Figure Doctrine

The subject matter of this Site—the stewardship of public funds, governmental accountability, regulatory compliance, market competition, and ratepayer protection—constitutes a matter of legitimate public concern. The Connecticut Green Bank is a quasi-public agency created by statute, operating with legislatively granted authority and funded through mandatory ratepayer charges. Its officers, board members, and affiliated entities act in public roles subject to heightened public scrutiny.

Under established First Amendment jurisprudence, speech addressing official conduct, public policy, and the expenditure of public funds receives the highest degree of constitutional protection. Any individuals or entities referenced on this Site in their capacity as public officials, public figures, or participants in matters of public controversy are subject to the "actual malice" standard, requiring proof that statements were made with knowledge of falsity or reckless disregard for the truth.

No such malice exists. The Contributors have conducted extensive research, relied on credible public sources, and engaged in good-faith analytical reasoning.

New York Times Co. v. Sullivan, 376 U.S. 254 (1964); Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974).

No Commercial Purpose; Civic Engagement

This Site is operated on a non-commercial basis for the exclusive purpose of informing public debate, encouraging governmental accountability, and promoting civic engagement. The Contributors have no financial interest in any outcome related to the matters discussed herein, nor do they seek any commercial advantage from the publication of this content.

The Site does not advertise products or services, solicit donations for private gain, or operate for profit. The sole objective is to contribute to informed democratic discourse regarding energy policy, regulatory oversight, market competition, and the responsible stewardship of ratepayer funds—all quintessential matters of public interest protected by the First Amendment.

Recommendations for Discussion and Legislative Action

All policy recommendations, proposed legislative reforms, and calls for governmental action presented on this Site are suggestions for public discussion and debate. They do not constitute legal advice, formal regulatory petitions, or enforceable demands.

The Contributors encourage:

  • Independent verification by policymakers, journalists, researchers, and concerned citizens of all facts and sources cited herein
  • Further investigation by appropriate governmental authorities, including the Connecticut Attorney General, DEEP, the Office of the State Comptroller, legislative oversight committees, and federal antitrust enforcement agencies
  • Open public hearings to allow all stakeholders—including CGB, IPC, private sector participants, municipal officials, and ratepayers—to present evidence and perspectives
  • Expert analysis by independent economists, legal scholars, energy policy specialists, and auditors

The Contributors do not claim omniscience or infallibility. They invite robust debate, constructive criticism, and evidence-based refutation of any analysis or conclusion presented herein.

No Assertion of Defamatory Intent

Nothing on this Site is intended to, nor should it be construed to, defame any individual or entity. The Contributors expressly disclaim any intent to damage the reputation of the Connecticut Green Bank, Inclusive Prosperity Capital, Inc., their officers, directors, employees, or affiliates.

To the extent any statement on this Site could be interpreted as damaging to reputation, such statement is either:

  • A statement of opinion based on disclosed facts and therefore not actionable under Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), and Connecticut common law
  • Substantially true or based on a reasonable interpretation of public records and credible sources, and therefore protected
  • Rhetorical hyperbole or figurative language that no reasonable reader would interpret as a literal assertion of fact, and therefore protected under Greenbelt, 398 U.S. 6
  • Protected political speech addressing matters of public concern, entitled to breathing room under the First Amendment, and subject to the actual malice standard, which cannot be satisfied absent clear and convincing evidence of knowing or reckless falsity—evidence that does not exist

Right to Anonymity and Freedom of Association

The Contributors to this Site include individuals and entities who have chosen to remain anonymous or pseudonymous in the exercise of their constitutionally protected right to anonymous speech.

The decision to publish anonymously or pseudonymously reflects legitimate concerns regarding potential retaliation, economic pressure, or chilling of speech by well-funded governmental or quasi-governmental entities. Such anonymity does not diminish the constitutional protection afforded to the speech, nor does it suggest any improper motive.

The Contributors stand behind the substance of their research and analysis, and the validity of the arguments presented should be evaluated on their merits, not on the identity of the speakers.

McIntyre v. Ohio Elections Comm'n, 514 U.S. 334 (1995) (holding that anonymous pamphleteering is a protected form of political speech with a long historical pedigree).

Connecticut Anti-SLAPP Protections

To the extent Connecticut law provides protection against Strategic Lawsuits Against Public Participation (SLAPP suits), the Contributors assert all available rights and immunities. The speech on this Site pertains to:

  • Governmental action and policy (operations of a quasi-public agency established by statute)
  • Matters before legislative, executive, or judicial bodies (recommendations for legislative reform and regulatory investigation)
  • Issues of public interest or concern (ratepayer costs, energy policy, market competition, and governmental accountability)

Any attempt to silence, intimidate, or penalize this speech through litigation would constitute a paradigmatic SLAPP suit designed to chill constitutionally protected expression. The Contributors are prepared to vigorously defend their First Amendment rights and seek all available remedies, including attorneys' fees and sanctions, against frivolous or retaliatory legal actions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, the Contributors, authors, researchers, editors, publishers, hosting providers, and all affiliated persons and entities (collectively, "Site Participants") disclaim any and all liability arising from:

  • Reliance on information or opinions presented on this Site
  • Decisions made by any person or entity based on content herein
  • Errors, omissions, or inaccuracies in source material citations or interpretations
  • Third-party claims arising from the republication, dissemination, or discussion of Site content
  • Consequential, incidental, special, or punitive damages of any kind

This Site is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to warranties of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, or non-infringement.

Not Legal, Financial, or Professional Advice

Nothing on this Site constitutes legal advice, financial advice, investment advice, or professional consultation of any kind. The legal analysis presented represents the Contributors' interpretation of publicly available statutes, regulations, and case law, but is not a substitute for consultation with licensed legal counsel.

Any person or entity contemplating legal action, regulatory filings, legislative advocacy, or business decisions related to the matters discussed herein should consult with qualified attorneys, financial advisors, and other appropriate professionals.

The Contributors do not undertake any attorney-client, advisor-client, or fiduciary relationship with any reader or user of this Site.

Right to Update, Correct, or Remove Content

The Site Participants reserve the right, at any time and without prior notice, to:

  • Update, modify, or correct any content based on new information, analysis, or feedback
  • Remove or retract any statement determined to be factually inaccurate or misleading
  • Supplement the analysis with additional sources, data, or perspectives
  • Respond to critiques, rebuttals, or alternative viewpoints presented by other parties

The exercise of these rights does not constitute an admission of error, liability, or wrongdoing, but reflects the Contributors' commitment to accuracy and good-faith discourse.

Severability

If any provision of this Disclaimer is held invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from this Disclaimer, and the remaining provisions shall remain in full force and effect.

Governing Law and Jurisdiction

This Disclaimer and all related matters shall be governed by the laws of the State of Connecticut and the United States of America, including the First Amendment to the U.S. Constitution. Any dispute arising from or related to this Site shall be subject to the exclusive jurisdiction of the state and federal courts located in Connecticut, except to the extent the Site Participants elect to assert constitutional defenses or remove actions to federal court.

Acknowledgment

BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS DISCLAIMER. You further acknowledge that the content herein represents protected opinion, analysis, and commentary on matters of public concern, and that you will not rely on any statement as a substitute for independent investigation or professional advice.

Last Updated: December 31, 2025


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