April 28, 2010
Cape Wind battle heads for courts
An assortment of opponents of the Cape Wind project have formed a coalition that will immediately file suit in response to Secretary Salazar's ruling to approve the Nantucket Sound wind farm
"While the Obama Administration today dealt a blow to all of us who care deeply about preserving our most precious natural treasures - this fight is not over," said Audra Parker, president and CEO of the Alliance to Protect Nantucket Sound. "Litigation remains the option of last resort. However, when the federal government is intent on trampling the rights of Native Americans and the people of Cape Cod, we must act. We will not stand by and allow our treasured public lands to be marred forever by a corporate giveaway to private industrial energy developers."
Lawsuits will be filed on behalf of a coalition of environmental groups - including the Alliance to Protect Nantucket Sound, Three Bays Preservation, Animal Welfare Institute, Industrial Wind Action Group, Californians for Renewable Energy, Oceans Public Trust Initiative (a project of the International Marine Mammal Project of the Earth Land Institute), Lower Laguna Madre Foundation - against the federal Fish and Wildlife Service and Minerals Management Service for violations of the Endangered Species Act.
The Alliance to Protect Nantucket Sound, along with the Duke's County/Martha's Vineyard Fishermen Association, will also file suit against the federal Minerals Management Service for violations under the Outer Continental Shelf Lands Act. The Town of Barnstable has filed a notice of intent to file a lawsuit on the same grounds. And the Wampanoag tribe is preparing to mount a legal challenge to the project for violations of tribal rights. Additional legal issues include violation of the National Environmental Policy Act, the Migratory Bird Treaty Act, the Rivers and Harbors Act, the Clean Water Act, and the Outer Continental Shelf Lands Act.