The Alliance to Protect Nantucket Sound filed a lawsuit Feb. 20 against the Massachusetts Office of Coastal Zone Management  (CZM) challenging its finding in January that the Cape Wind project adequately meets state environmental requirements for activities in federal waters.  Charlie McLaughlin, Barnstable’s attorney, confirmed that the town filed a similar suit the same day in the county Superior Court.

This marks a shift in focus from Obama’s Interior Department, who’s decision on Cape Wind is pending, to the court system of Massachusetts. The opponents of Cape Wind contend that the state agency’s determination has violated the law and, moreover, was reached prematurely. According to a prepared statement released on Wednesday, Alliance President and CEO Glenn G. Wattley said, “In its decision on Cape Wind’s impacts, CZM has clearly violated the law and abandoned its own mission to protect our coastal environment.” The Alliance asserts that CZM failed to consult with the Cape Cod Commission on its decision as required by law.

In the prepared statement the Alliance also noted that in prior comments on Cape Wind the CZM itself has stated, “The project will have both direct and indirect impacts to natural resources and uses within the Massachusetts coastal zone and the adjacent waters.”

While it remains to be seen whether the lawsuit will significantly interfere with the Cape Wind project, you can be sure to see more legal challenges and press releases over the next several weeks.  Only two weeks ago, Alliance Audra Parker vowed the fight over the Cape Wind project was far from over, and that’s quickly becoming clear.

Eddie Keenan IV

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