Friday, July 17, 2009

Montpelier waste water treatment plant permit case: update

The Burlington Free Press reports that the State of Vermont filed a motion with Judge Durkin seeking permission to take an interlocutory appeal.

An interlocutory appeal pursuant to V.R.A.P. 5(b)(1) is appropriate where: the ruling (1) contains controlling questions of law; (2) there is substantial ground for difference of opinion as to that controlling question of law; and (3) immediate appeal may materially advance the termination of the litigation. Judge Durkin must authorize the appeal if the case satisfies the 3 factors.

We will continue to keep you posted as this case develops.