WEAVER'S COVE ENERGY, LLC v. RHODE ISLAND COASTAL RESOURCES MANAGEMENT COUNCIL

No. 08-2440.

WEAVER'S COVE ENERGY, LLC, Plaintiff, Appellee, v. RHODE ISLAND COASTAL RESOURCES MANAGEMENT COUNCIL; MICHAEL M. TIKOIAN, in his capacity as Chairman of the Rhode Island Coastal Resources Management Council; PAUL E. LEMONT, in his capacity as Vice Chairman of the Rhode Island Coastal Resources Management Council; THOMAS RICCI; DAVID ABEDON; DONALD GOMEZ; K. JOSEPH SHEKARCHI; NEIL GRAY; W. MICHAEL SULLIVAN; RAYMOND C. COIA; GERALD P. ZARRELLA; BRUCE DAWSON; in their capacities as Members of the Rhode Island Coastal Resources Management Council, Defendants, Appellants.

United States Court of Appeals, First Circuit.

October 26, 2009.


Attorney(s) appearing for the Case

Michael Rubin, Assistant Attorney General, with whom Patrick C. Lynch, Attorney General of the State of Rhode Island, Paul J. Roberti, Assistant Attorney General, Brian A. Goldman, and the Goldman Law Offices were on brief for the appellants.

Carol Iancu, Assistant Attorney General, and Martha Coakley, Attorney General of Massachusetts, on brief for the Commonwealth of Massachusetts and the City of Fall River, amicus curiae.

Bruce F. Kiely, with whom Adam J. White, Baker Botts L.L.P., Gregory L. Benik, and Benik and Associates P.C. were on brief for the appellees.

Before Lynch, Chief Judge, Torruella and Ripple, Circuit Judges.


LYNCH, Chief Judge.

The Rhode Island Coastal Resources Management Council ("CRMC") challenges a decision by the federal district court, which has rejected two regulatory barriers CRMC imposed to plans to build a Liquified Natural Gas ("LNG") terminal in the City of Fall River with a berth in Massachusetts coastal waters of Mount Hope Bay. Weaver's Cove Energy, LLC ("Weaver's Cove") is the sponsor of the LNG terminal. Weaver's Cove Energy, LLC

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