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Rhode Island v. EPA

ELR Citation: ELR 20062
Nos. No. 04-1513, (1st Cir., 08/03/2004)

The First Circuit dismissed for lack of jurisdiction Rhode Island's interlocutory appeal of an EPA Environmental Appeals Board (EAB) decision denying the state's motion to intervene in an NPDES permit proceeding. As a matter of first impression in the circuit, the court held that the collateral order doctrine applies to agency determinations....

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