Court Rules in Favor of Cape Wind, Commonwealth of Massachusetts
Monday, June 23, 2008
Barnstable Superior Court Judge Robert Kane on Friday, in a 37-page ruling, allowed motions by Cape Wind and the Commonwealth of Massachusetts to dismiss four of five counts that had been filed by the opposition group and by the Town of Barnstable.
Cape Wind President Jim Gordon was pleased with the outcome, “The court rejected the opponents’ primary argument and agreed that Massachusetts agency review was proper. We look forward to providing the public with the benefits of Cape Wind including cleaner air, more stable energy prices, new jobs and greater energy independence, as soon as possible.”
On the remaining count, Judge Kane ruled that it could not yet be challenged in court by the plaintiffs because the matter was still pending before a state agency.
The lead Federal permitting agency, the Minerals Management Service (MMS), is expected to issue a Final Environmental Impact Statement on Cape Wind later this year, to be followed within 30 days by a Record of Decision.
The MMS’ Draft Environmental Impact Statement issued in January generated 42,000 written public comments, approximately 41,000 of which were in favor of Cape Wind’s approval.