In November 2001, Cape Wind Associates, LLC (CWA) applied to the United States Army Corps of Engineers (Corps) for a permit to construct a data tower in Nantucket Sound, as the initial stage of a wind power project. Local citizen organizations filed suits against both CWA and the Corps alleging that a state license was required and that the Corps lacked the authority to issue such a permit. In August 2003, the District Court for the District of Massachusetts found that the federal government had exclusive jurisdiction over the area of Nantucket Sound in question, thus negating a need for CWA to seek state approval. A month later, the District Court ruled in the Corps’ favor, stating that under current legislation the Corps had the authority to issue such a permit, and had followed the few procedures in place in determining that the Cape Wind data tower was acceptable. . . .
Renewable Energy Permitting on the Outer Continental Shelf: You Call This a Process? Present Considerations and Recommendations for More Precise Ocean Management
Dec 20, 2004 | Notes, Number 1, Print Edition, Volume 38