Supreme Court of Rhode Island

Attorney General Patrick C. Lynch v. Rhode Island Department of Environmental Management

May 5, 20102010 R.I. LEXIS 55

Summary

The Rhode Island Supreme Court held that the Attorney General’s administrative appeal of the 2003 DEM license is not moot despite the license’s expiration, renewal, and transfer. The Court reasoned that renewals and transfers are legally dependent on the validity of the original license, and the AG has no statutory avenue to challenge the later licenses, so the original controversy remains live. The petition for certiorari was granted, the Superior Court’s judgment was quashed, and the case was remanded for further proceedings.