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Weaver's Cove Energy, Ltd. Liab. Co. v. Rhode Island Dep't of Envtl. Management

ELR Citation: 38 ELR 20105
Nos. No. 07-1235, (D.C. Cir., 05/02/2008)

The D.C. Circuit dismissed an energy company's petitions for review seeking declarations that Massachusetts and Rhode Island waived their rights to deny certification of a proposed dredge and fill operation under the Clean Water Act (CWA). The company applied for certification from the states' environmental agencies that its liquefied natural gas project would comply with the CWA's dredge and fill requirements. Because the agencies have yet to make final determinations, the company filed suit, arguing that by failing to act upon its application within one year of its submission, the state agencies waived their rights to deny the requested certification. The company, however, lacks standing because the company does not claim to have been injured by the state agencies' inaction. On the contrary, the company's theory of the case is that it benefitted from the agencies' inaction; that is, the agencies, by failing to issue timely rulings on the company's applications, waived their rights to deny the certifications the company seeks.