Tilting at Windmills: The D.C. Circuit Again Stalls Cape Wind's Offshore Turbines Due to Failure to Comply with Federal Environmental Safeguards

Abstract

For the third time in five years, a federal court has dealt a major setback to the Cape Wind Project — once hailed as “America’s first offshore wind farm” — for its lack of compliance with federal laws designed to ensure environmental protection. This ruling sends a strong message that renewable energy companies should not expect to receive special treatment under the law and that, as is the case with all forms of energy development, they too must ensure that their activities will minimize environmental and ecosystem impacts to the extent possible in order to avoid delays and protracted regulatory processes.

Keywords: Cape Wind, Wind Energy, Environmental Law, Administrative Law, ESA, NEPA, MBTA, Endangered Species Act, National Environmental Policy Act, Migratory Bird Treaty Act