Court or Agency

Ruling or Order

Determination

Date

Division of Fisheries and Wildlife (DFW)

Final Decision on administrative appeal of DFW’s no-take determination

Issued final determination that transmission lines would not result in a prohibited "take" under MESA and that DFW did not have jurisdiction to consider and apply MESA to facilities located in federal waters in Nantucket Sound.

July 2, 2008

Barnstable Superior Court

Town of Barnstable v. Cape Wind Associates, LLC, BACV2007-00506-A

Judge Kane issued ruling dismissing several counts of lawsuit for lack of subject matter jurisdiction.  This action was brought by the Town of Barnstable and citizens groups challenging the issuance of Sec. Bowles’ Certificate issued under the Massachusetts Environmental Policy Act (MEPA).

June 17, 2008

Energy Facilities Siting Board (EFSB)

Approval of Project Update under G.L. c. 164, § 69J; Approval under G.L. c. 164, § 72; Extension Granted

Found that project changes meet EFSB standards; the transmission lines will serve the public convenience and will be consistent with the public interest; and granted extension for commencement of construction for three years.

May 2, 2008

Minerals Management Service (MMS)

Draft Environmental Impact Statement (DEIS)

Issuance of favorable DEIS finding environmental impacts from the Wind Park to be minimal.

January 11, 2008

Division of Fisheries and Wildlife

Determination under Massachusetts Endangered Species Act (MESA), G.L. c. 131A

Issued determination that the jurisdictional transmission lines would not result in a prohibited “take” under MESA

July 17, 2007

Massachusetts Environmental Policy Act

Secretary of EOEEA issued Certificate on Cape Wind’s Final Environmental Impact Report (FEIR)

Secretary approved FEIR as complying with MEPA.

March 29, 2007

MA Supreme Judicial Court

Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting Bd., 448 Mass. 45 (2006)

Upholding Energy Facilities Siting Board (EFSB) decision approving transmission lines pursuant to G.L. c. 164, § 69J.

December 18, 2006

Energy Facilities Siting Board

Approval of Petition to Construct and Operate Pursuant to G.L. c. 164, § 69J

Found that transmission lines will provide a reliable energy supply for the Commonwealth consistent with the minimization of environmental impacts and costs.

May 11, 2005

First Circuit Court of Appeals

Alliance to Protect Nantucket Sound v. Department of the Army, 398 F.3d 105 (2005)

Upheld District Court decision that Army Corps of Engineers (ACOE) had jurisdiction to issue permit for data tower in Nantucket Sound.

February 16, 2005

First Circuit Court of Appeals

Ten Taxpayer Citizens Group v. CapeWind Assocs., LLC, 373 F.3d 183 (2004)

Upheld District Court decision that state permitting requirements cannot apply to federal waters in Nantucket Sound where Wind Park will be located.

June 28, 2004

Federal District Court (Mass.)

Alliance to Protect Nantucket Sound v. Department of the Army, 288 F.Supp. 2d 64 (2003)

ACOE had jurisdiction to issue permit for data tower in Nantucket Sound, followed proper procedures and did not have to consider environmental impacts.

September 18, 2003

Federal District Court (Mass.)

Ten Taxpayers v. Cape Wind Associates, LLC, 278 F.Supp. 2d 98 (2003)

Commonwealth has no jurisdiction to require state permits for data tower located in federal waters of Nantucket Sound.

August 19, 2003