agency action of a type that is customarily subject to judicial review. B. The foregoing brings us to Tennessee Gas’s alternative, and principal, argument: that the June 29, 2016, letter from MassDEP constituted final agency action granting its application, albeit with conditions. Under this view, the continuing proceeding at MassDEP is in the nature of the type of appellate review that falls within the exclusive province of this court. An agency action is “final” only where it “represents the culmination of the agency’s decisionmaking process and conclusively determines the rights and obligations of the parties with respect to the matters at issue.” Rhode Island v. EPA, 378 F.3d 19, 23 (1st Cir. 2004); cf. Bennett v. Spear, 520 U.S. 154, 177-78, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997) (<HOLDING>). In form, there is something to Tennessee
holding that in order to present a federal question a right or immunity created by the constitution or laws of the united states must be an element and an essential one of the plaintiffs cause of action quoting franchise tax bd v constr laborers vacation trust 463 us 1 1011 103 sct 2841 77 led2d 420 1983 holding that agency must examine  the relevant data and articulate  a satisfactory explanation for its action quoting state farm 463 us at 43 103 sct 2856alterations omitted recognizing that in the civil context willful conduct  may  indicate a reckless disregard for obvious or known risks  quoting monday v united states 421 f2d 1210 1215 7th cir cert denied 400 us 821 91 sct 38 27 led2d 48 1970 holding that final agency action under the apa 5 usc  704 must be the consummation of the agencys decisionmaking process must not be of a merely tentative or interlocutory nature and must be one by which rights or obligations have been determined or from which legal consequences will flow  first quoting chi  s air lines inc v waterman ss corp 333 us 103 113 68 sct 431 92 led 568 1948 and then quoting port of bos marine terminal assn v rederiaktiebolaget transatlantic 400 us 62 71 91 sct 203 27 led2d 203 1970 holding the second element asks whether the action is one from which legal consequences will flow