Legal Opinion
Alliance to Protect Nantucket Sound, Inc. v. United States Department of the Army
Court of Appeals for the First Circuit
Decided February 16, 2005No. 03-2604PublishedCited by 33 opinions
1Opinion of the Court
TORRUELLA, Circuit Judge.
On November 20, 2001, Cape Wind Associates, L.L.C. (“Cape Wind”) submitted an application to the U.S. Army Corps of Engineers (“Corps”) for a navigability permit under Section 10 of the Rivers and Harbors Act of 1899 (“Section 10”), 33 U.S.C. § 403, 1 to construct and operate an offshore data tower in an area of Nantucket Sound known as Horseshoe Shoals. Horseshoe Shoals is located on the Outer Continental Shelf (“OCS”), land subject to federal jurisdiction and control under the Outer Continental Shelf Lands Act (“OCS-LA”), 43 U.S.C. § 1331.
The proposed tower was to…
2Cases cited15 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Auer v. RobbinsSupreme Court of the United States · 1997
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
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3Cited by33 opinions
- TOMAC v. Norton, Gale A.Court of Appeals for the D.C. Circuit · 2006
- Bering Strait Citizens for Responsible Resource Development v. United States Army Corps of EngineersCourt of Appeals for the Ninth Circuit · 2008
- Franklin Memorial Hospital v. HarveyCourt of Appeals for the First Circuit · 2009
- United States v. Elliott DukeCourt of Appeals for the Fifth Circuit · 2015
- Alliance to Protect Nantucket Sound, Inc. v. Energy Facilities Siting BoardMassachusetts Supreme Judicial Court · 2010
28 more not listed; retrieve them via the Exa API.