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RHODE ISLAND v. U.S.E.P.A.

No. 04-1513.

378 F.3d 19 (2004)

State of RHODE ISLAND, Petitioner, Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and United States Environmental Appeals Board, Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided August 3, 2004.

Attorney(s) appearing for the Case

Tricia K. Jedele, Special Assistant Attorney General, with whom Brian A. Wagner, Deputy Legal Counsel, Rhode Island Department of Environmental Management, was on brief, for appellant.

Michael B. Heister, Attorney, Environment and Natural Resources Division, with whom Thomas L. Sansonetti, Assistant Attorney General, Environment and Natural Resources Division, John C. Cruden, Deputy Assistant Attorney General, and Susmita Dubey, Office of the General Counsel, United States Environmental Protection Agency, were on brief, for appellees.

Wendy B. Jacobs, John M. Stevens, Randall Kromm, and Foley Hoag, LLP, on brief for USGen New England, Inc., amicus curiae.

Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

SELYA, Circuit Judge.

The state of Rhode Island seeks interlocutory review of a decision by the Environmental Appeals Board (the EAB) denying its motion to intervene in a pollution-discharge permit proceeding. The case presents a threshold question about the availability of judicial review with respect to such interlocutory administrative determinations. We hold, as a matter of first impression in this circuit, that the collateral order doctrine applies to agency...

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