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TAYLOR v. U.S. DEPT. OF LABOR

Nos. 05-1153, 05-1154.

440 F.3d 1 (2005)

Joan TAYLOR, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, State of Rhode Island; Rhode Island Department of Environmental Management, Intervenors. Beverly M. Migliore, Petitioner, v. United States Department of Labor, Respondent, State of Rhode Island; Rhode Island Department of Environmental Management, Intervenors.

United States Court of Appeals, First Circuit.

Decided December 12, 2005.

Attorney(s) appearing for the Case

Richard E. Condit, General Counsel, Public Employees for Environmental Responsibility, was on brief, for petitioners.

Joan Brenner, Attorney, United States Department of Labor, Office of the Solicitor, with whom Howard M. Radzely, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, and Ellen R. Edmond, Senior Attorney, were on brief, for respondents.

Deborah A. George, Senior Legal Counsel, with whom James R. Lee, Assistant Attorney General, were on brief, for intervenors.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

TORRUELLA, Circuit Judge.

This petition for review is the latest chapter in a long-running dispute between Joan Taylor ("Taylor") and Beverly M. Migliore ("Migliore") (collectively "appellants") on the one hand, and the State of Rhode Island ("State") and the Rhode Island Department of Environmental Management ("RIDEM") on the other. We last encountered this case in 2002, when appellants sought review of a district court order that prevented the United States Department...

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