Legal Opinion

Alliance to Protect Nantucket Sound, Inc. v. United States Department of the Army

District Court, D. Massachusetts

Decided September 18, 2003No. CIV.A.02-11749-JLTPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM

TAURO, District Judge.

This action is the second skirmish in what may prove to be a protracted struggle over the construction of a wind energy plant in Nantucket Sound, Massachusetts. 1 It involves a challenge by Plaintiffs 2 to the decision of the United States Army Corps of Engineers (“Corps”), one of the named Defendants, 3 to issue a permit to Cape Wind Associates, LLC (“Cape Wind” or “Intervenor”) 4 under section 10 of the Rivers and Harbors Appropriation Act of 1899 (“section 10”). 5 The permit authorized Cape Wind to construct a Scientific Measurement Devices Station (“data…

2Cases cited28 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. Camp v. PittsSupreme Court of the United States · 1973
  4. Stinson v. United StatesSupreme Court of the United States · 1993
  5. Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985

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3Cited by6 opinions

  1. Town of Barnstable v. O'ConnorCourt of Appeals for the First Circuit · 2015
  2. Alliance to Protect Nantucket Sound, Inc. v. United States Department of the ArmyCourt of Appeals for the First Circuit · 2005
  3. Public Employees for Environmental Responsibility v. HopperCourt of Appeals for the D.C. Circuit · 2016
  4. Advocates for Transportation Alternatives, Inc. v. U.S. Army Corps of EngineersDistrict Court, D. Massachusetts · 2006
  5. Neighborhood Ass'n of the Back Bay v. Federal Transit AdministrationDistrict Court, D. Massachusetts · 2005

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