Cape Wind State Supreme Court Decision Victory

Dear Friends of the Global Warming Legal Action Project
The vote was 4-2 on certain issues and unanimous on others

By Matt Pawa

Today the Massachusetts Supreme Judicial Court affirmed the decision of the Energy facility Siting Board to grant a composite certificate to Cape Wind.

The Cape Wind turbines are located in federal waters but the transmission cable traverses state waters and onto state land and thus is subject to state permitting authority.

The composite certificate was the first ever issued by the State board; the certificate grants Cape Wind all state and local permits in one unified proceeding. The vote was 4-2 on certain issues and unanimous on others. Justice Botsford wrote for the majority. The opinion is a link at the bottom of this page. Also attached is a letter from Cape Wind President Jim Gordon recognizing our efforts in this case as non-profit intervenors for Clean Power Now.

This means Cape Wind now has in hand all federal and state permits. We are also litigating in the state Department of Public Utilities, where we seek approval of the long-term purchase power agreement between Cape Wind and National Grid - a decision in the DPU proceeding is expected shortly.

Many thanks to the ongoing support of the Civil Society Institute for our legal work and for the efforts of our client, Clean Power Now, which serves as a strong public interest advocate for clean energy.

Best to all,

Matt Pawa
Law Offices of Matthew F. Pawa, P.C.
1280 Centre Street, Suite 230
Newton Centre, MA 02459
(617) 641-9550
(617) 641-9551 facsimile

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