CITY OF FALL RIVER, MASS. v. F.E.R.C.

Nos. 06-1203, 06-2146, 06-1204, 06-2147, 06-1220.

507 F.3d 1 (2007)

CITY OF FALL RIVER, MASSACHUSETTS; The Attorney General of the Commonwealth of Massachusetts; The Attorney General for the State of Rhode Island; and Massachusetts Energy Facilities Siting Board, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Conservation Law Foundation, Petitioner, v. Federal Energy Regulatory Commission, Respondent. Michael L. Miozza, Petitioner, v. Federal Energy Regulatory Commission, Respondent.

United States Court of Appeals, First Circuit.

Decided October 26, 2007.


Attorney(s) appearing for the Case

Robert S. Taylor, with whom Edward Berlin, Lester S. Hyman, B, H & T Associates, Thomas F. McGuire, Jr., Corporation Counsel, Thomas F. Reilly, Massachusetts Attorney General, Chief, Carol Iancu, Assistant Attorney General, were on brief, for the City of Fall River, the Attorney General of the Commonwealth of Massachusetts, and Massachusetts Energy Facilities Siting Board.

Paul Roberti, Assistant Attorney General, Chief, Regulatory Unit, with whom Patrick C. Lynch, Attorney General of the State of Rhode Island, and Terence Tierney, Special Assistant Attorney General, were on brief, for the Attorney General for the State of Rhode Island.

Susan M. Reid, with whom Jerry Elmer were on brief, for Conservation Law Foundation.

Beth G. Pacella, Senior Attorney, with whom John S. Moot, General Counsel, and Robert H. Solomon, Solicitor, were on brief, for Federal Energy Regulatory Commission.

Bruce F. Kiely, with whom G. Mark Cook, Adam J. White, Jessica A. Fore, Emil J. Barth, and Baker Botts L.L.P. were on brief, for intervenors Weaver's Cove Energy, LLC and Mill River Pipeline, LLC.

Michael L. Miozza, on brief, pro se.

Before TORRUELLA and LIPEZ, Circuit Judges, and FUSTÉ, District Judge.


TORRUELLA, Circuit Judge.

The City of Fall River, Massachusetts, the Attorneys General of the States of Massachusetts and Rhode Island, the Conservation Law Foundation ("CLF"), and Michael Miozza (together, "Appellants") seek reversal of the July 2005 Order of the Federal Energy Regulatory Commission ("FERC") granting conditional approval to Weaver's Cove Energy ("WCE") to site, construct, and operate a proposed liquified natural gas ("LNG") terminal and associated...

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