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MARKETPLACE:  Auto | Jobs | People Search | Personals | Travel | Yellow Pages  January 12, 2005
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Court rejects R.I. attempt to intervene in power plant permitting
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BOSTON (AP) -- A federal appeals court dealt a setback Monday to Rhode Island�s efforts to restrict the amount of water a Somerset, Mass., power plant draws from Mount Hope Bay.

The 1st U.S. Circuit Court of Appeals said it could not grant the state�s request to intervene in the permitting process dealing with wastewater from the Brayton Point plant because the court lacks jurisdiction.

�We do not minimize Rhode Island�s interest in the purity of the waters of Mount Hope Bay�but Rhode Island has the ability to protect that interest adequately on an end-of-case appeal from whatever final permitting decision eventuates,� the court said in its ruling.

The court dismissed the state�s request for judicial review without prejudice, citing lack of jurisdiction.

The state had asked the court for permission to participate in the permitting process, following a ruling by the Environmental Appeals Board that excluded Rhode Island.

A message left with a spokesman for the attorney general�s office was not immediately returned.

The state has been trying to provide support for a draft permit from the federal Environmental Protection Agency that would require Brayton Point�s operators to drastically reduce the amount of water they draw from the bay, and the amount of heated water they discharge. Brayton Point has appealed the draft permit.

Rhode Island officials claim the heated water released by the power plant damages marine life in Mount Hope Bay.


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