In an overturn of a previous district court decision, a federal court has ruled that the U.S. Fish and Wildlife Service (FWS) and Bureau of Ocean Energy Management (BOEM) were not in compliance with the Endangered Species Act or the National Environmental Policy Act (NEPA), respectively, when they issued a lease for Cape Wind’s proposed project off the coast of Massachusetts.
The decision will not result in revokation of Cape Wind's lease. “Delaying construction or requiring Cape Wind to redo the regulatory approval process could be quite costly,” the court states. “The project has slogged through state and federal courts and agencies for more than a decade.” It also notes that the project could help contribute to Massachusetts’ increasing requirements for renewable energy procurement.