Legal Opinion
Rhode Island v. United States Environmental Protection Agency
Court of Appeals for the First Circuit
Decided August 3, 2004No. 04-1513PublishedCited by 51 opinions
1Opinion of the Court
SELYA, Circuit Judge.
The state of Rhode Island seeks interlocutory review of a decision by the Environmental Appeals Board (the EAB) denying its motion to intervene in a pollution-discharge permit proceeding. The case presents a threshold question about the availability of judicial review with respect to such interlocutory administrative determinations. We hold, as a matter of first impression in this circuit, that the collateral order doctrine applies to agency determinations. Here, however, the order appealed from does not fit within the parameters of that doctrine: the EAB proceedings are…
2Cases cited37 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Bennett v. SpearSupreme Court of the United States · 1997
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
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3Cited by51 opinions
- Chehazeh v. Attorney General of United StatesCourt of Appeals for the Third Circuit · 2012
- Osediacz v. City of CranstonCourt of Appeals for the First Circuit · 2005
- United States v. GreenCourt of Appeals for the First Circuit · 2005
- CONSERVATION LAW FOUNDATION, INC. v. PatrickDistrict Court, D. Massachusetts · 2011
- Lee-Barnes v. Puerto Ven Quarry Corp.Court of Appeals for the First Circuit · 2008
46 more not listed; retrieve them via the Exa API.