IN RE CITY OF FALL RIVER, MASSACHUSETTS; Thomas F. Reilly, Attorney General of the Commonwealth of Massachusetts; Patrick C. Lynch, Attorney General of the State of Rhode Island, Petitioners.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard November 7, 2006.
Decided November 28, 2006.
Attorney(s) appearing for the Case
Thomas F. McGuire, Jr., City of Fall River, with whom Thomas F. Reilly, Massachusetts Attorney General, James R. Milkey, Assistant Attorney General, Chief, Environmental Protection Division, Office of the Attorney General, Carol Iancu, Assistant Attorney General, Environmental Protection Division, Office of the Attorney General, Patrick C. Lynch, Rhode Island Attorney General, Paul Roberti, Assistant Attorney General, Chief, Regulatory Unit, and Terence Tierney, Special Assistant Attorney General, Rhode Island Department of the Attorney General, were on Petition for a Writ of Mandamus to Compel Action by the United States Department of Transportation.
Catherine Y. Hancock, Appellate Staff, Civil Division, Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Michael S. Raab, Appellate Staff, Civil Division, Department of Justice, Rosalind A. Knapp, Acting General Counsel, Paul M. Geier, Assistant General Counsel for Litigation, Peter J. Plocki, Mary F. Withum, Office of General Counsel, U.S. Department of Transportation, Krista L. Edwards, Chief Counsel, and Denise L. Desautels, Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, were on Response to Petition for Writ of Mandamus.
Bruce F. Kiely, G. Mark Cook, D. Kirk Morgan II, Adam J. White and Baker Botts L.L.P. on Response of Intervenors Weaver's Cove Energy, LLC, and Mill River Pipeline, LLC, to Petition of City of Fall River, et al., for a Writ of Mandamus.
Before BOUDIN, Chief Judge, SELYA and LYNCH, Circuit Judges.
United States Court of Appeals, First Circuit.
BOUDIN, Chief Judge.
The City of Fall River, Massachusetts, and the Attorneys General of Massachusetts and Rhode Island, filed a petition in this court to compel the U.S. Department of Transportation (DOT) to take two different actions. One was to issue regulations that the petitioners say were required by a statute adopted many years ago; the other, to rule on a long-pending petition for rulemaking.
Petitioners' ultimate target is an application filed by...
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