Monday, November 15, 2004
Cape Wind Opponents Seek U.S. Supreme Court Review
Opponents of the Cape Wind Project will ask the U.S. Supreme Court to review claims that the State of Massachusetts, and not the Federal Government, has permitting authority over the wind farm proposed for Nantucket Sound. The Cape Cod Times reported on Saturday that Worcester attorney John W. Spillane intends to file a cert petition this week asking the high court to review a decision by the Second Circuit Court of Appeals. "Spillane is among various groups and individuals arguing the state had jurisdiction of the wind farm because it governs fishing in Nantucket Sound. The courts have consistently turned aside those arguments, saying the federal government - specifically, the U.S. Army Corps of Engineers - has authority over the industrial project."
Posted by Geoff Hand, Attorney at 7:46 AM