US federal officials say a court decision in favour of a California wind farm bolsters its case against opponents of the 468MW Cape Wind offshore project on the Atlantic coast.
A California circuit court of appeals this week ruled that the Bureau of Land Management did not violate environmental policy or the Migratory Bird Protection Act (MBTA) when it approved Iberdrola Renewables’ 200MW Tule project near San Diego.
Cape Wind opponents filed a similar lawsuit, alleging the Bureau of Ocean Energy Management failed to properly protect migratory birds.
The Justice Department said the California decision supports its approval of the wind project and urged a Washington, DC appeals court to reject plaintiffs’ claims.
“The Cape Wind case here is factually similar, and plaintiffs’ MBTA arguments are identical,” DoJ said in a letter to the court. “BOEM’s lease authorizes Cape Wind to engage in ‘lawful behavior’.”
For their part, the Cape Wind plaintiffs said there are “crucial differences” between the two cases and urged the court to ignore the California ruling.
The project proposed in Nantucket Sound has stalled since National Grid and Northeast Utilities cancelled power purchase agreements covering 75% of the output after the developer failed to close financing by the end of 2014.
The project has faced more than two dozen lawsuits. All cases settled so far have been decided in Cape Wind’s favour.
Image: artists impression of Cape Wind (Cape Wind)
California boost for Cape Wind
Court decision could bolster case against opponents of 468MW project
By EBS