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BERKSHIRE ENV ACTION TEAM v. TENNESSEE GAS PIPE

No. 16-2100.

851 F.3d 105 (2017)

BERKSHIRE ENVIRONMENTAL ACTION TEAM, INC.; Jean Atwater-Williams; Ronald M. Bernard; Cathy Kristofferson; Cheryl D. Rose; Irvine Sobelman; Paula L. Terrasi; Susan K. Theberge; Rosemary Wessel; Kathryn R. Eiseman; Ariel S. Elan; Elliot Fratkin; Martha A. Nathan; Kenneth Hartlage; Ronald R. Coler; Jane Winn; Heather Morrical, Petitioners, v. TENNESSEE GAS PIPELINE COMPANY, LLC; Massachusetts Department of Environmental Protection, Respondents.

United States Court of Appeals, First Circuit.

March 15, 2017.

Attorney(s) appearing for the Case

Richard A. Kanoff , with whom Susan E. Stenger , Saqib Hossain , and Burns & Levinson LLP, Boston, MA, were on brief, for petitioners.

Matthew Ireland , Assistant Attorney General, Environmental Protection Division, with whom Seth Schofield , Assistant Attorney General and Senior Appellate Counsel, Energy and Environment Bureau, Office of the Attorney General of Massachusetts, Maura Healey , Attorney General of Massachusetts, and Turner Smith , Assistant Attorney General, Environmental Protection Division, were on brief, for Massachusetts Department of Environmental Protection.

James L. Messenger , with whom Brian J. Wall , Gordon Rees Scully Mansukhani, LLP, Boston, MA, J. Curtis Moffatt , and Mosby G. Perrow were on brief, for Tennessee Gas Pipeline Company, LLC.

Before Kayatta, Circuit Judge, Souter, Associate Justice, and Selya, Circuit Judge.

In this unusual petition for review arising out of a state administrative proceeding, the petitioners themselves argue that we lack jurisdiction to hear their complaints about what has transpired to date before the state agency. Because the agency itself has not yet finally acted on the matter that is before it as is required...

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