SJC ruling gives Cape Wind project green light to build
There was another big breakthrough in court for environmentally sound wind farms, and now Nantucket might become famous for more than sleigh rides. The supreme Judicial court over ruled a NIMBY commission to allow the state board the leeway to sidestep their opposition.
The long-awaited 4-2 decision removes a potential obstacle to the wind farm as its developers prepare to start building 130 turbines in Nantucket Sound within the year. If the court had sided with opponents, the project would probably have been delayed indefinitely or killed outright because several permits would have had to come from a community and a regional agency that oppose the project.
Cape Wind still must win approval from the state Department of Public Utilities, which is reviewing National Grid’s agreement to purchase half of the wind farm’s expensive power.
The court upheld a May 2009 decision by the Energy Facilities Siting Board to issue nine local and state permits to Cape Wind, even though the Cape Cod Commission, a regional planning and regulatory agency, had denied one of the permits, for a transmission line.