Soscia Holdings LLC v. State of Rhode Island - Appeal

The First Circuit Court of Appeals has issued an opinion in the appeal filed by Soscia Holdings, LLC against the State of Rhode Island, its Department of Environmental Management (DEM), and two DEM officials. The case originated from DEM's directive in July 2022 for Soscia, as operator of the Flat River Reservoir Dam, to reduce water flow. The district court had previously dismissed most of Soscia's claims, including federal constitutional claims under § 1983, Eleventh Amendment immunity for the state and DEM, and qualified immunity for officials. The district court also dismissed claims under the Rhode Island Constitution and federal clauses like the Contract Clause, Takings Clause, Due Process Clause, and Equal Protection Clause, declining supplemental jurisdiction over state law claims.

This appellate opinion addresses the remaining claims and the district court's rulings. Soscia Holdings was assessed civil penalties totaling $23,000 and later $217,000 for alleged violations of the Permitting Act and associated regulations, which Soscia has contested. The appeal also touches upon the subsequent condemnation of the dam and reservoir by the Town of Coventry. The court's decision will clarify the scope of DEM's authority and the viability of Soscia's remaining legal challenges, with potential implications for environmental permitting enforcement and due process in Rhode Island.