The First Circuit has now consolidated the two pending appeals in the Belfast project case: Moloney & McIntyre’s appeal from the denial of their motion for leave to intervene in Boston College’s motion to quash, and their appeal from the dismissal of their complaint against the Attorney General. In a follow-on order setting the schedule, Judge Boudin has directed the parties to brief the question “whether the intervention issues in Appeal No. 11-2511 have been mooted or otherwise affected by the dismissal of appellants’ separate action.” That is, since Moloney & McIntyre went ahead and filed an independent action, which the judge decided on the merits, what is the point of also appealing their attempt to interject themselves into Boston College’s dispute with the government, where they would have made the same arguments?

Oral argument will be heard on April 4.

Photo Credit: Pierre LaScott