United States First Circuit

District court's rejection of two regulatory barriers imposed by defendants to plans to build a Liquified Natural Gas terminal in the City of Fall River with a berth in certain Massachusetts coastal waters is affirmed where: 1)the Court has Article III jurisdiction to decide the matter; 2) district court did not err in holding that defendant's failure to respond within six months to plaintiff's application for federal consistency review requires there be a presumption of concurrence in the project, pursuant to 16 U.S.C. section 1456(c)(3)(A) of the Coastal Zone Management Act of 1972; and 3)defendant's use of its state law licensing program for alterations to the coast to block the project is preempted by the Natural Gas Act.

Appellate Information

• Decided 10/26/2009
• Published 10/26/2009

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, TORRUELLA and RIPPLE, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Michael Rubin, Assistant Attorney General, with whom Patrick C. Lynch, Attorney General of the State of Rhode Island, Paul J. Roberti, Assistant Attorney General, Brian A. Goldman, and the Goldman Law Offices were on brief for the appellants., Carol Iancu, Assistant Attorney General, and Martha Coakley, Attorney General of Massachusetts, on brief for the Commonwealth of Massachusetts and the City of Fall River, amicus curiae.


• For Appellees:
  
• Bruce F. Kiely, with whom Adam J. White, Baker Botts L.L.P., Gregory L. Benik, and Benik and Associates P.C. were on brief for the appellees.