U.S. Court of Appeals upholds FAA’s approval of the Cape Wind project... again

Renewable energy opponents have lost all 12 legal decisions
Court gives Cape Wind another thumbs up.

Cape's clean energy future moves closer

Legal victory for Cape Wind, FAA approval upheld

Several seasonal, trophy homeowners in Osterville, abetted by a decade-long editorial jihad in the local daily, lost yet another lawsuit in their relentless effort to stop America's renewable energy revolution.

Cape Wind reported today that the renewable energy company had again defeated the efforts of its opponents to block the country’s first offshore wind farm.

All the opponents argument are rejected by the court

In a significant decision, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Federal Aviation Administration's (FAA) approval of the Cape Wind project, rejecting every argument that had been advanced by the project’s opponents.

In a news release Cape Wind Communications Director Mark Rodgers said, “The Alliance to Protect Nantucket Sound, the Town of Barnstable and their financial backer - coal billionaire Bill Koch - have failed yet again in their continuing campaign to use the courts to delay the financing of Cape Wind.”

“The court’s definitive decision is an important legal victory that brings America that much closer to launching its offshore wind industry, a keystone in America’s renewable energy future,” Rodgers continued.

Opponents have lost all 12 legal decisions

This decision takes on even greater importance because this was the same court that had previously provided project opponents their sole and temporary relief, those opponents have lost all 12 legal decisions in other courts.

On October 28, 2011 this court had remanded the FAA’s third Determination of No Hazard (DNH) back to the FAA to better explain the rationale for its decision.

On February 9, 2012, the FAA issued a Public Notice of its reinstated project review, indicating its conclusion that “none of the turbines would have an adverse effect on the use of air navigation facilities or navigable airspace.”

On August 15, 2012 the FAA issued its 4th DHN which project opponents challenged, the Alliance to Protect Nantucket Sound pronounced confidence their challenge would be successful -- this is the case decided today in favor of the FAA and Cape Wind.

Cape Wind was represented by Geraldine Edens and Christopher Marraro of BakerHostetler.

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