On Jan. 22, the same day it was hit by yet another lawsuit, Cape Wind announced it has defeated separate legal efforts of opponents to block its 468 MW offshore wind project, proposed off the coast of Nantucket Island.
According to the developer, the U.S. Court of Appeals for the District of Columbia Circuit has upheld the Federal Aviation Administration's (FAA) approval of the Cape Wind project. Cape Wind says this represents a significant decision that rejects every argument that had been advanced by the Alliance to Protect Nantucket Sound and the Town of Barnstable.
"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," says Cape Wind Communications Director Mark Rodgers. "The court's definitive decision is an important legal victory that brings America that much closer to launching its offshore wind industry, a keystone in America's renewable energy future."
Geraldine Edens and Christopher Marraro of law firm BakerHostetler represented Cape Wind. Edens says the decision "demonstrates that the expert federal agencies with the responsibility for reviewing these projects thoroughly evaluate them and the courts uphold the agency decisions."
Cape Wind's victory announcement came as the Alliance to Protect Nantucket Sound and Town of Barnstable filed a new federal lawsuit. The lawsuit sets its sights on Cape Wind's power purchase agreement with utility company NSTAR.