Legal Opinion
Town of Barnstable v. Federal Aviation Administration
Court of Appeals for the D.C. Circuit
Decided January 22, 2014No. 12-1362, 12-1363PublishedCited by 10 opinions
1Opinion of the Court
Opinion for the Court by Circuit Judge ROGERS.
ROGERS, Circuit Judge:
This case arises in the context of the approval of a lease by the U.S. Department of Interior to Cape Wind Associates for construction of an offshore wind farm in Nantucket Sound. Under the lease, Cape Wind must obtain the Federal Aviation Administration’s (“FAA”) determination whether the turbines pose a hazard to air navigation and comply with any mitigation measures before beginning construction. In Town of Barnstable, Mass. v. FAA, 659 F.3d 28 (D.C.Cir.2011) (“Barnstable I ”), the court held that the “no hazard”…
2Cases cited20 opinions
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- Auer v. RobbinsSupreme Court of the United States · 1997
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3Cited by10 opinions
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- Martin County, Florida v. Department of TransportationDistrict Court, District of Columbia · 2016
- Public Employees for Environmental Responsibility v. BeaudreauDistrict Court, District of Columbia · 2014
- Archer Western Contractors. LLC v. U.S. Department of TransportationCourt of Appeals for the D.C. Circuit · 2022
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