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WEAVER'S COVE ENERGY v. R.I. DEPT. OF ENVIR. MGMT.

Nos. 07-1235, 07-1238.

524 F.3d 1330 (2008)

WEAVER'S COVE ENERGY, LLC, Petitioner v. State of RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT and W. Michael Sullivan, Director of the Rhode Island Department of Environmental Management, Respondents. State of Rhode Island, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 2, 2008.

Attorney(s) appearing for the Case

Bruce F. Kiely argued the cause for petitioner. With him on the briefs were G. Mark Cook and Adam J. White.

Carol Iancu, Assistant Attorney General, Attorney General's Office of Commonwealth of Massachusetts, argued the cause for respondents. With her on the brief were Martha Coakley, Attorney General, Patrick C. Lynch, Attorney General, Attorney General's Office of the State of Rhode Island, Paul J. Roberti, Assistant Attorney General, Terence J. Tierney, Special Assistant Attorney General, Patty Allison Fairweather, Marisa A. Desautel, and Susan B. Wilson, Attorneys, and Alan I. Baron.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Weaver's Cove Energy, LLC (WCE) applied to the Rhode Island Department of Environmental Management (RIDEM) and the Massachusetts Department of Environmental Protection (MassDEP) for "certifications" that its proposed dredge-and-fill operations would comply with the Clean Water Act. When a year had passed without the state agencies having issued final determinations one way or the other, WCE petitioned this court for review of their inaction...

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