Legally Troubled
The Cape Wind Project is the Subject of a Court Fight
In a clear statement, Nantucket Town Manager Elizabeth Gibson said, ““The Town of Nantucket has taken a position against the wind farm. Mostly for navigational, aesthetic and environmental reasons.”
Save Our Sound Executive Director Audra Parker is just as clear saying, “The Cape Wind Project creates more problems than it solves.”
The Issue Redefined
Among the problems Parker sites is the economic impact on fishermen, “Most of the fishermen use horseshoe shoal, the location for the project. So this project will impact adversely the livelihood of the fishermen.”
There is a cultural issue involved as well. Parker said the Wampanoag Indians oppose the project, “The Wampanoag tribes also believe this is sacred ground as well.” The land along the sound and the waters in the sound are significant to the Native Americans.
The Legal Issue
For these reasons, Save Our Sound has gone to the Massachusetts Supreme Judicial Court to stop the project. The group’s Executive Director Ms. Parker explains why the action is only at the state level, “There are no federal permits, so there are no federal court actions pending.”
Nantucket Town Energy Study Committee Chairman Barbara Gookin said that even though the Massachusetts Energy Facilities Siting Board has granted a permit, there are still permit issues. Speaking on her own behalf, she said Cape Wind, “Came along before there were any regulations for it. So, they’re the first and the state hasn’t had the time to properly develop regulations for it.”
“This project has brought us to action, but the new regulations will not apply to Cape Winds. They have to comply with the FAA and the Coast Guard, and they do have the permits. They’re being held up. They went about it backwards,” Gookin added.
Not everyone agrees that the project is lacking in legal authority or public support. Hyannis’ Clean Power Now Chapter Leader Carl Borchert said the project isn’t has legally controversial as opponents claim, “The feds have released an environmental review and the Coast Guard has said it is doable.”
Mr. Borchert added that the FAA has also weighed in on the safety issue, “The project has received two determinations from the FAA and they have said it will not create a hazard for air travel at the three closest airports. Barnstable, Martha’s Vineyard and Nantucket Airports will not really be impacted by the wind turbines.”
The case will not be heard before Massachusetts' Supreme Judicial Court before October. The Town of Barnstable has asked for a declaratory judgment to stop the project. Arguments were heard before the Massachusetts Court of Appeals on May 11 of this year. A judgment has yet to be announced.
One Area of Consensus--Sort Of
Even though there is little agreement on Cape Wind, there is one point on which Ms. Gookin, Ms. Parker and Mr. Borchert all agree. Each of them agrees that wind power is a viable energy alternative.
Ms. Gookin offered her own opinion, “I’m very much a proponent of wind energy.”
“We support renewable energy,” Ms. Parker said. “There are other offshore projects that are better and more sound than this one. The Deep Water project closer to Rhode Island is a better project and it is in a less conflicted location.”
Yet even in the consensus, there is still controversy. Mr. Borchert is very clear in his group’s position, “We’re involved with clean and renewable energy policy. We advocate wind power, solar power and geo thermal, any energy that leaves no hazardous waste.”
“We’re involved with several other groups but our primary purpose is to secure the benefits of the Cape Wind Project. There is a well-funded advocacy group to oppose the project. Because of their advocacy, Cape Wind is the most closely scrutinized energy project in the country,” Mr. Borchert added.
“They have brought up every possible objection to the project, but the project has passed every environmental review.”
Even with the disagreement over which wind project to support, Ms. Gookin, Ms. Gibson, Ms. Parker and Mr. Borchert all agree on one point. When asked if wind power was a viable future energy source, Mr. Borchert said, "Absolutely."
Graphic of proposed Cape wind projects.
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