November 01, 2016

Tilting at windmills: The D.C. Circuit again stalls Cape Wind’s offshore turbines due to failure to comply with federal environmental safeguards

William S. Eubanks II

The Cape Wind Project—once hailed as “America’s first offshore wind farm”—calls for 130 commercial offshore wind turbines in Nantucket Sound. Since 2001, Cape Wind Associates, the private developer behind the project, has sought federal government approval for this project through various statutes that regulate the ocean floor, airspace, and wildlife that intersect with the project’s footprint. In 2010, after many consultations and other obligations imposed by pertinent laws, the Bureau of Ocean Energy Management (BOEM) issued a long-term lease to Cape Wind Associates to construct and operate the nation’s first offshore wind energy facility.

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