United States First Circuit
In Re: City of Fall River, MA, 06-2310
Petition for a writ of mandamus compelling the Department of Transportation to issue regulations and rule on a long-pending petition for rulemaking is moot insofar as it pertains to rulemaking, and denied in all other respects where mandamus relief is improper in the face of ordinary procedures for review of agency action.
Appellate Information
- Decided 11/28/2006
- Published 11/28/2006
Judges
- BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, SELYA and LYNCH, Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellant:
- Thomas F. McGuire, Jr., City of Fall River, with whom Thomas F. Reilly, Massachusetts Attorney General, James R. Milkey, Assistant Attorney General, Chief, Environmental Protection Division, Office of the Attorney General, Carol Iancu, Assistant Attorney General, Environmental Protection Division, Office of the Attorney General, Patrick C. Lynch, Rhode Island Attorney General, Paul Roberti, Assistant Attorney General, Chief, Regulatory Unit, and Terence Tierney, Special Assistant Attorney General, Rhode Island Department of the Attorney General, were on Petition for a Writ of Mandamus to Compel Action by the United States Department of Transportation., Catherine Y. Hancock, Appellate Staff, Civil Division, Department of Justice, with whom Peter D. Keisler, Assistant Attorney General, Michael S. Raab, Appellate Staff, Civil Division, Department of Justice, Rosalind A. Knapp, Acting General Counsel, Paul M. Geier, Assistant General Counsel for Litigation, Peter J. Plocki, Mary F. Withum, Office of General Counsel, U.S. Department of Transportation, Krista L. Edwards, Chief Counsel, and Denise L. Desautels, Office of the Chief Counsel, Pipeline and Hazardous Materials Safety Administration, were on Response to Petition for Writ of Mandamus., Bruce F. Kiely, G. Mark Cook, D. Kirk Morgan II, Adam J. White and Baker Botts L.L.P. on Response of Intervenors Weaver's Cove Energy, LLC, and Mill River Pipeline, LLC, to Petition of City of Fall River, et al., for a Writ of Mandamus.