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First Circuit Affirms Lower Court's Decision Presuming State Concurrence Under CZMA for Weaver's Cove LNG Project

The U.S. Court of Appeals for the First Circuit has affirmed a previous decision by a federal district court that interpreted the Coastal Zone Management Act (CZMA) to resolve a dispute between the Weaver’s Cove LNG import project and the Rhode Island Co
October 26, 2009

The U.S. Court of Appeals for the First Circuit has affirmed a previous decision by a federal district court that interpreted the Coastal Zone Management Act (CZMA) to resolve a dispute between the Weaver’s Cove LNG import project and the Rhode Island Coastal Management Council (RICMC). To date, RICMC had not acted on the application to dredge in state waters submitted by Weaver’s Cove, stating that the application was incomplete. Like the district court, the First Circuit held that the application was effectively complete and that the Council’s failure to act on the application within the six-month timeframe mandated by the CZMA created a “presumption” that the proposed dredging activity was consistent with Rhode Island’s Coastal Zone Management Plan. The First Circuit’s decision and opinion are available in the PACER system under Docket No. 08-2440.

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