Document

US District Court ruling on Cape Wind

In this District Court ruling, Judge Reggie Walton found that the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) violated the Endangered Species Act (ESA) in their reviews of the offshore wind project. The court remanded the case to FWS to independently evaluate a shutdown of turbines during migratory bird season. The court also ruled that NMFS can no longer avoid fully evaluating impacts to right whales and must formulate and issue an incidental take statement because of the documented presence of this highly endangered species in the area. The conclusion of the ruling is provided below. The full ruling can be accessed by clicking the link on this page.

Conclusion

The Court grants summary judgment to the plaintiffs on their claims that the FWS violated the ESA by failing to make an independent determination about whether the feathering operational adjustment was a reasonable and prudent measure, and the Court will therefore remand this case to the FWS for it can make the required independent determination on this point. The Court also grants summary judgment to the plaintiffs on their claims that the NMFS violated the ESA by failing to issue an incidental take statement for the take of North Atlantic right whales, and the Court will therefore remand that issue to the NMFS for the issuance of an incidental take statement on this subject. Otherwise, the Court grants summary judgment to the defendants on the plaintiffs’ remaining claims. Finally, the Court denies the plaintiffs’ Rule 56(e) motion for additional discovery or, in the alternative, to strike.

Cw-msjorder_thumb
Cw Msj Order

Download file (381 KB) pdf

MAR 14 2014
http://www.windaction.org/posts/40083-us-district-court-ruling-on-cape-wind
back to top