United States First Circuit

Plaintiff unsuccessfully appeals the Environmental Appeals Board's (EAB)denial of its motion to intervene in a pollution-discharge permit proceeding since plaintiff's claim can be adjudicated at the conclusion of the EAB proceedings and, as a result, fails to meet the unreviewability prong of the collateral order test.

Appellate Information

• Decided 08/03/2004
• Published 08/03/2004

Judges

• SELYA, Circuit Judge., Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Tricia K. Jedele, Special Assistant Attorney General, with whom Brian A. Wagner, Deputy Legal Counsel, Rhode Island Department of Environmental Management, was on brief, for appellant., Wendy B. Jacobs, John M. Stevens, Randall Kromm, and Foley Hoag, LLP, on brief for USGen New England, Inc., amicus curiae.


• For Appellees:
  
• Michael B. Heister, Attorney, Environment and Natural Resources Division, with whom Thomas L. Sansonetti, Assistant Attorney General, Environment and Natural Resources Division, John C. Cruden, Deputy Assistant Attorney General, and Susmita Dubey, Office of the General Counsel, United States Environmental Protection Agency, were on brief, for appellees.