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RHODE ISLAND FISH. ALL. v. R.I. DEPT., ENVIR. MAN.

No. 08-2390.

585 F.3d 42 (2009)

RHODE ISLAND FISHERMEN'S ALLIANCE, INC., et al., Plaintiffs, Appellants, v. RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 23, 2009.

Attorney(s) appearing for the Case

Robert J. Caron for appellants.

Sean H. Donahue and Gary E. Powers, Chief Deputy Legal Counsel, Department of Environmental Management, with whom Donahue & Goldberg, LLP, Terence J. Tierney, Special Assistant Attorney General, Mark A. McSally, and Kelly, Kelleher, Reilly & Simpson were on consolidated brief, for appellees.

Before TORRUELLA, SELYA and HOWARD, Circuit Judges.

SELYA, Circuit Judge.

This appeal brings us face to face with two exotic creatures: the American lobster and a state-law claim that may or may not contain an embedded federal question sufficient to ground a claim of original jurisdiction under 28 U.S.C. § 1331 (commonly known as "federal question" jurisdiction). Cases of this sort require courts to venture into a murky jurisprudence. The answers are rarely black or white but, rather, more often doused in varying...

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