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Cape Wind: The legal challenges  

If the federal government gives the okay for the 130-turbine Cape Wind project in Nantucket Sound later this year, one reaction is guaranteed: Lawsuits.

Opponents are dead set against the project being placed off Cape Cod in federal waters and have pledged to use every means possible to fight it.

In fact, they have been challenging incremental decisions all along, from filing a lawsuit trying to block a wind test tower more than five years ago to challenging a decision allowing transmission lines to be laid in state waters. Cape Wind has perservered in most of the cases – included two recent ones.

In June, Superior Court Justice Robert J. Kane dismissed a case brought by the town of Barnstable challenging state environmental approval of the project. Then this week, the state Division of Fisheries and Wildlife determined it was up to the federal government – not them – to rule if the wind farm would harm birds and other wildlife. The state’s only stake in the matter is determining if wildlife would be harmed by the project’s transmission line – the sole piece of the project in state waters.

And if you haven’t had enough wind news, there is more.

The Minerals Management Service, the state agency overseeing the project also recently finalized rules for offshore renewable energy:


By Beth Daley, Globe Staff

The Green Blog – Boston Globe

10 July 2008

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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