The judge, in his ruling, didn't suggest the project would cause harm to the whales or protected migratory birds such as the piping plover and roseate tern. But he did say the U.S. Fish and Wildlife Service violated the Endangered Species Act by not making an independent evaluation of plans for a seasonal shutdown of the wind farm's rotors to avoid possible collisions with the birds.
Articles filed under Legal from Massachusetts
The suit filed Tuesday by the Alliance to Protect Nantucket Sound, the town of Barnstable and several Cape Cod businesses and individuals argues that by brokering the deal between NStar and Cape Wind, the state discriminated against out-of-state power companies with a deal that will drive up electricity costs.
Longtime opponents of the controversial Cape Wind project are again challenging the proposed offshore wind development in court, saying the state overstepped its authority when it brokered an agreement for the utility NStar to purchase power from the offshore wind project.
Recent legal events prompted the alliance to take this new approach. The opposition group was emboldened by two decisions last fall by federal judges in Maryland and New Jersey. Those decisions, which are both now under appeal, essentially said regulators in those states infringed on the Federal Energy Regulatory Commission’s authority to set wholesale electric rates by imposing contracts to help finance the construction of natural gas power plants.
The preliminary injunction was filed late last night and requires the town to turn off the machines from 7 PM to 7 AM daily. Additionally, Judge Muse’s decision calls on the turbines to be turned off on Thanksgiving, Christmas and New Year’s Day. The move follows what was a supposed agreement reached two weeks ago in Barnstable Superior Court between Falmouth’s attorneys and lawyers representing neighbors living near the turbines.
Opponents of a controversial pair of town-owned wind turbines got a boost in Barnstable Superior Court recently when a judge said they had a "likelihood of success" in their legal battle. But they haven't won yet.
...the reason for the suit was to protect the town, which has already been faced with a lawsuit in US District Court in Boston from two homeowners claiming that the turbines represent a nuisance and are seeking monetary damages. If others follow suit, the town could be faced with a potential liability of $215 million if nuisance claims are proven.
The town’s 28-page wind turbine ordinance is very specific and has very strict sound levels that are even lower than those set by the Maine Department of Environmental Protection, and Horton agreed with the Beckfords “that the low frequency levels exceeded the [Clifton Land Use Ordinance] limits.”
In his appeal, Mr. Melone referred to Cape Wind’s “well-documented and specific and substantial alteration of the direct viewscape from Melone’s property” and said the project would negatively impact the view on Nantucket Sound from his home and reduce the property’s value.