Thursday, February 17, 2005

Court of Appeals Upholds Corps' Decision to Authorize Wind Measurement Tower in Nantucket Sound

The Appellate Law & Practice Blog reports on yesterday's opinion from the First Circuit Court of Appeals upholding the Army Corps of Engineers' decision to authorize construction a wind measurement tower in Nantucket Sound.

The case, Alliance to Protect Nantucket Sound V. United States Department of the Army, No. 03-2604, follows on the heels another similar case filed by opponents of the Cape Wind project.

In this most recent case, the Alliance challenged the Corps' jurisdiction over Cape Wind Associates project, the Corps' interpretation of regulations governing navigability permits under Section 10 of the Rivers and Harbors Act, and the adequacy of the Corps' NEPA evaluation and its Finding of No Significant Impact (FONSI). The District Court of Massachusetts previously rejected the Alliance's claims, and granted summary judgment for the Corps in 2003. The 1st Circuit opinion issued yesterday upholds the District Court's grant of summary judgment. Appellate Law & Practice Blog has more on the 1st Circuit's analysis.

No comments: