News & Publications

The Town of Barnstable Wins Important NEPA Decision

The Firm’s client, the Town of Barnstable, Massachusetts won an important victory on July 5, 2016 in its long-running battle to assure that the Cape Wind energy project does not interfere with airport operations or impose other environmental impacts on Cape Cod.  The D.C. Circuit ruled that the Bureau of Ocean Energy Management had violated National Environmental Policy Act, the Endangered Species Act, and the Migratory Bird Treaty Act when it approved a lease for Cape Wind, requiring BOEM and Cape Wind to perform further studies before the project can proceed.  A copy of the Court’s decision can be found here.  Kaplan Kirsch & Rockwell has represented the Town of Barnstable in this dispute for many years, including the successful 2011 challenge to an FAA Determination of No Hazard for Cape Wind.