LOCATION/TYPE

NEWS HOME

[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


Archive
RSS

Add NWW headlines to your site (click here)

Get weekly updates

WHAT TO DO
when your community is targeted

RSS

RSS feeds and more

Keep Wind Watch online and independent!

Donate via Paypal

Donate via Stripe

Selected Documents

All Documents

Research Links

Alerts

Press Releases

FAQs

Campaign Material

Photos & Graphics

Videos

Allied Groups

Wind Watch is a registered educational charity, founded in 2005.

News Watch Home

Wind farm opponents fight lawsuit dismissal 

Credit:  By Patrick Cassidy | Cape Cod Times | June 03, 2014 | www.capecodonline.com ~~

Opponents of the proposed Nantucket Sound wind farm have appealed the dismissal of a federal lawsuit challenging an energy contract for the project.

The lawsuit, which is the latest in a string of failed challenges to the project, claimed state regulators’ approval of an above-market contract to sell power from the project to NStar, which delivers power to Cape Cod, Martha’s Vineyard and other parts of the state, violated two clauses of the U.S. Constitution: the Commerce Clause and the Supremacy Clause.

The suit was filed against Cape Wind, state officials and NStar by the town of Barnstable, the Alliance to Protect Nantucket Sound and several individuals and businesses.

U.S. District Judge Richard Stearns found on May 2 that the plaintiffs, who had sued officials at the state Department of Public Utilities and the state Department of Energy Resources, were barred from doing so under the 11th Amendment to the Constitution, which restricts lawsuits in federal court against a sovereign state for past actions.

In addition, he found that, even if the lawsuit had passed the 11th Amendment test, it still would have lost on the merits.

On Monday, Hyannis Marina Inc., Jamie Regan and the Alliance filed a notice of appeal of the dismissal. The town of Barnstable filed a separate notice of appeal.

In an emailed statement, Alliance President Audra Parker reiterated many of the claims from the original lawsuit.

“Our case alleges that NStar was coerced into signing a no-bid contract that violates federal law, discriminates against affordable green power producers from out of state, and burdens small businesses and municipalities with unnecessarily high electricity costs,” she wrote.

There have been no other filings related to the appeal so far, said attorney Matthew Price, who represents the group that includes the Alliance.

“The project opponents have lost 26 lawsuits and appeals against Cape Wind and seem determined to lose another one,” Cape Wind spokesman Mark Rodgers said.

Cape Wind first proposed a wind farm in the Sound in 2001. Company officials have been gathering financial support for the project, which is expected to cost more than $2.6 billion, and said earlier this year that they expect to begin onshore cable construction by the end of the year and ocean-based construction by 2015.

Source:  By Patrick Cassidy | Cape Cod Times | June 03, 2014 | www.capecodonline.com

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 educational 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.

Wind Watch relies entirely
on User Funding
   Donate via Paypal
(via Paypal)
Donate via Stripe
(via Stripe)

Share:

e-mail X FB LI TG TG Share


News Watch Home

Get the Facts
CONTACT DONATE PRIVACY ABOUT SEARCH
© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.

 Follow:

Wind Watch on X Wind Watch on Facebook

Wind Watch on Linked In Wind Watch on Mastodon