RIGGS v. CURRAN

No. 16-2083.

863 F.3d 6 (2017)

Benjamin RIGGS; Laurence Ehrhardt; and Rhode Island Manufacturers Association, Plaintiffs, Appellants, v. Margaret CURRAN, Paul Roberti, and Herbert Desimone, Jr., in their official capacity as members of the Rhode Island Public Utilities Commission; Narragansett Electric Company, Inc., d/b/a National Grid; and Deepwater Wind Block Island, LLC, Defendants, Appellees.

United States Court of Appeals, First Circuit.

July 10, 2017.


Attorney(s) appearing for the Case

Andrew A. Rainer , with whom Brody, Hardoon, Perkins & Kesten, LLP, Boston, MA, J. William Harsch , Warwick, RI, and J. William W. Harsch, Esq. & Associates were on brief, for appellants.

Gerald J. Petros , with whom Adam M. Ramos and Hinckley, Allen & Snyder LLP, Providence, RI, were on brief, for appellee Deepwater Wind Block Island, LLC.

Leo J. Wold , Assistant Attorney General, Department of Attorney General, was on brief, for appellees Curran, Roberti, and Desimone, Jr.

Michael J. Fitzpatrick , with whom Day Pitney LLP, Boston, MA, was on brief, for appellee Narragansett Electric Company, Inc.

Before Torruella, Thompson, and Kayatta, Circuit Judges.


Benjamin Riggs, Laurence Ehrhardt, and the Rhode Island Manufacturers Association (collectively, "Plaintiffs") challenge the development of an offshore wind farm (the "Wind Farm") near Block Island, Rhode Island. The district court dismissed Plaintiffs' claims, ruling that they were barred by Rhode Island's three-year personal...

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