July 8, 2008

BOSTON, MA – A Final Decision issued by the Director of the Massachusetts Division of Fisheries and Wildlife (MDFW) upheld an earlier decision that Cape Wind does not constitute a “taking” under the Massachusetts Endangered Species Act and that wildlife issues will be managed by the appropriate Federal Agencies.

“At a time of record high oil prices, this Final Decision brings us closer to delivering stable electricity prices, greater energy independence, good jobs in the clean energy sector and cleaner air from America’s first offshore wind farm on Horseshoe Shoal,” said Jim Gordon, president of Cape Wind.

Opponents of the renewable energy project have consistently attempted to usurp the authority of Federal jurisdiction over the Federal portions of Nantucket Sound, in this case by having petitioned for adjudicatory hearings to challenge the state agency’s prior decision that its jurisdiction did not extend into Federal waters.

Cape Wind and the MDFW filed motions to dismiss the opposition group’s petition.

In his final decision, MDFW Director Wayne F. MacCallum found the legal reasoning of project opponents to circumvent Federal authority as “not persuasive,” and that, “the federal law on point is overwhelming.”

The Final Decision also indicates that there had been no question regarding the portions of the project's cables located within Massachusetts: "Petitioners also concede that no 'take' of Massachusetts protected species would occur as a result of the proposed Cable Project..."