Cape Wind Wins One Round in Court

In Cape Cod Online, Patrick Cassidy writes:

Seemingly as quickly as a new lawsuit was filed challenging Cape Wind another one has been beaten back.

The U.S. Court of Appeals in Washington, D.C., today denied a petition by opponents of the project appealing approval by the Federal Aviation Administration of the proposed wind farm in Nantucket Sound.

In its decision the court found that the circumstances surrounding concerns over the effect of the turbines on aeronautical radar had changed since an earlier “no-hazard” finding by the FAA was rejected by the court and that tests of a new radar system had addressed those concerns. In addition, the court found that the FAA was not required to perform or participate in an assessment of the environmental impacts of its no-hazard determination.

“The Alliance to Protect Nantucket Sound, the town of Barnstable and their financial backer-coal billionaire Bill Koch- have failed yet again in their continuing campaign to use the courts to delay the financing of Cape Wind,” the company’s spokeswoman Mark Rodgers wrote in a statement about the decision.

The Alliance, the town and several businesses and individuals, sued state officials, Cape Wind and NStar on Tuesday in U.S. District Court in Massachusetts, claiming the project violates the U.S. Constitution.

There are still several legal challenges, consolidated into a single lawsuit in federal court, challenging the approval of the project by the U.S. Department of Interior.

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