· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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