United States First Circuit

Petition for review of an FERC grant of conditional approval for a liquified natural gas terminal and the FERC's denial of appellant's motion to reopen the record is denied where the project approval was not ripe for review, and there was no abuse of discretion in the FERC's decision to deny a reopening of the record.

Appellate Information

• Decided 10/26/2007
• Published 10/26/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and FUSTÉ, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert S. Taylor, with whom Edward Berlin, Lester S. Hyman, B, H & T Associates, Thomas F. McGuire, Jr., Corporation Counsel, Thomas F. Reilly, Massachusetts Attorney General, Chief, Carol Iancu, Assistant Attorney General, were on brief, for the City of Fall River, the Attorney General of the Commonwealth of Massachusetts, and Massachusetts Energy Facilities Siting Board., Paul Roberti, Assistant Attorney General, Chief, Regulatory Unit, with whom Patrick C. Lynch, Attorney General of the State of Rhode Island, and Terence Tierney, Special Assistant Attorney General, were on brief, for the Attorney General for the State of Rhode Island., Susan M. Reid, with whom Jerry Elmer were on brief, for Conservation Law Foundation., Beth G. Pacella, Senior Attorney, with whom John S. Moot, General Counsel, and Robert H. Solomon, Solicitor, were on brief, for Federal Energy Regulatory Commission., Bruce F. Kiely, with whom G. Mark Cook, Adam J. White, Jessica A. Fore, Emil J. Barth, and Baker Botts L.L.P. were on brief, for intervenors Weaver's Cove Energy, LLC and Mill River Pipeline, LLC., Michael L. Miozza, on brief, pro se.