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· 8/3/2004

Rhode Island v. United States Environmental Protection Agency

Citations

  • 378 F.3d 19
  • 58 ERC (BNA) 1993
  • 2004 U.S. App. LEXIS 15929

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding the same and citing cases in the Second, Fourth, Fifth, Sixth, Tenth, Eleventh, and D.C. circuits also holding the same
  • denying immediate appeal of order denying intervention when would-be intervenor was granted amicus curiae status and could raise all available challenges on appeal from final order
  • denying immediate appeal of order denying intervention when would-be intervenor was granted amicus curiae status and could raise all available challenges on appeal from final order
  • affirming the federal Environmental Appeals Board’s decision to confer amicus status, rather than party status, on State of Rhode Island because Board had granted State leave to raise issue of intervention if case proceeded to evidentiary hearing
  • “By its plain terms, [subsection (F)] conditions the availability of judicial review on the issuance or denial of a permit.”
  • “[E]very circuit to have considered the question to date has determined (often with little or no analysis) that the collateral order doctrine applies to judicial review of administrative determinations.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Selya, Lipez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.