BOSTON, Massachusetts, June 30, 2004 (ENS) - "Citizens' groups opposed to the nation's first offshore wind farm have lost an early round in the legal battle over whether the turbines may be erected in Cape Cod's Nantucket Sound.
A three judge panel of the U.S. First Circuit Court of Appeals in Boston upheld a lower court's decision that the developer, Cape Wind Associates, does not need state permits to build a data collection tower for the proposed wind power facility.
The tower has been in operation since last year, but the core of the lawsuit was the larger question of jurisdiction and whether the proposed wind farm is subject to the state permitting process. The ruling frustrated a legal strategy of the wind farm opponents, who had hoped to use state authority to stop the windpower facility.
In October 2002, Ten Taxpayer Citizens Group and several other plaintiffs filed a lawsuit in Massachusetts state court to prevent Cape Wind Associates from erecting a 197 foot data collection tower in Nantucket Sound."
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http://forests.org/articles/reader.asp?linkid=33174