Another win: Cape Wind prevails in state lawsuit
This week has been a good week for Cape Wind.
On Wednesday, Ken Salazar, U. S. Secretary of the Interior, announced that the Interior Department has given its final approval of the Cape Wind project. At the same time, a Massachusetts Superior Court judge dismissed a lawsuit against Cape Wind brought by the Town of Barnstable and the Alliance to Protect Nantucket Sound, among others, seeking to stop the off-shore wind farm.
The plaintiffs in state action argued that the state Secretary of Energy and Environmental Affairs limited its review of the environmental impact of the project to state land and state waters. They claimed that the state’s review was too narrow and should have included federal land and federal waters. The plaintiffs maintained that the state secretary had acted “arbitrarily and capriciously” in granting a certificate of approval to Cape Wind.
Superior Court Judge Robert Rufo ruled that the state acted properly in limiting its review to state waters and that plaintiffs failed to demonstrate that the state secretary acted arbitrarily or capriciously.
With the federal approval in place and state and local permitting requirements completed last year, Jim Gordon of Cape Wind said , ” We hope to begin construction of Cape Wind before the end of the year.” Cape Cod residents opposed to the off-shore wind farm, nonetheless, expect to see more fights in the future. After nine years of battles and seemingly every issue litigated, it’s unclear what new issues are left undecided.
Copyright 2020 - K.J.Collins
Photo: http://www.flickr.com/photos/pjh/185488411/
Further reading:
http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20100429/NEWS/4290317
http://www.boston.com/lifestyle/green/greenblog/2010/04/superior_judge_throws_out_earl.html
http://www.nytimes.com/2010/04/29/science/earth/29cape.html?src=mv
http://www.capewind.org/news1099.htm
Cape Wind Press Release
As Cape Wind Gets Federal Ok to Move Forward, Cape Cod Judge Says Opponent’s Law Suit has No Merit,
Decides in Favor of Clean Energy Project
FOR IMMEDIATE RELEASE
FOR MORE INFORMATION CONTACT: Mark Rodgers, 508-237-6312
BOSTON, MA, APRIL 29, 2010 - At the same that Cape Wind received its final approval yesterday allowing the clean energy project to move forward, a judge in Hyannis decided against an opponents’ lawsuit, saying it had no merit.
“With opponents now saying they will be filing lawsuits to deprive the region safe, secure and clean energy and jobs Cape Wind will bring, it is important to note this judge’s decision yesterday in deciding against the opponents,” said Cape Wind Communications Director Mark Rodgers.
The suit filed by project opponents alleged that Cape Wind’s Final Environmental Impact Report (FEIR) filed with the Secretary of Energy and Environmental Affairs did not comply with the Massachusetts Environmental Policy Act (”MEPA”). The opponents’ primary contention was that the Secretary’s review should have included the components of the project that are located in federal waters notwithstanding that the Secretary’s authority to review projects under MEPA is limited to projects that will be located on State land and water.
Cape Wind argued that the FEIR fully complied with MEPA and that MEPA review did not extend to the wind farm in Federal waters. Cape Wind also asserted that review of the FEIR was now moot because the state Energy Facilities Siting Board had subsequently issued a composite certificate that included all state and local permits needed to install the transmission cables.
Yesterday, Judge Rufo agreed with Cape Wind that the Secretary’s analysis and conclusions in the FEIR certificate were logical, rational, and not arbitrary and capricious. He also agreed that the Secretary’s decision that the wind farm is not subject to jurisdiction under MEPA is legally correct. In addition, Judge Rufo found that the opponents’ lawsuit was moot because the EFSB’s composite certificate supersedes the permits that were issued in reliance on the FEIR. Based on his conclusions, the judge dismissed the opponents’ lawsuit in its entirety.
“Every law suit that has been filed against this clean energy project has either been thrown out or decided against the opponents,” said Dennis Duffy, Cape Wind’s counsel. “Twelve suits have been filed and 12 times Federal and State judges have said the project deserves to move forward,” Duffy added.
Cape Wind’s proposal to build America’s first offshore wind farm on Horseshoe Shoal would provide most of the electricity used on Cape Cod and the Islands from clean, renewable energy - reducing this region’s need to import oil, coal and gas. Cape Wind will create new jobs, help stabilize electric costs, contribute to a healthier environment, increase energy independence and establish Massachusetts as a leader in offshore wind power. For more information visit www.capewind.org.
# # #
