Today, the Massachusetts Supreme Judicial Court decided to uphold the comprehensive permit for Cape Wind’s transmission lines issued by the state’s Energy Facilities Siting Board (EFSB)–a welcome and much-anticipated milestone for the nation’s first major offshore wind energy project. CLF has been actively involved in moving the ball forward on Cape Wind throughout its nine-year review and permitting process, and we’re thrilled that Cape Wind will finally have an opportunity to to move forward and provide Massachusetts with clean, renewable power.

Here’s what CLF Staff Attorney Shanna Cleveland had to say on the subject:

“The Court thoroughly reviewed the extensive record in this case and correctly concluded that the state siting board rigorously scrutinized the project and fulfilled its obligation to safeguard the public trust. Cape Wind will provide electricity without producing any harmful greenhouse gas emissions, and its clean energy benefits are expected to significantly outweigh its impacts. The Court’s affirmation of Cape Wind’s comprehensive state permit is a significant step on the path toward a clean energy future for New England and the nation.”

Check out clf.org for the full press statement>>

Earlier today in Rhode Island, the Public Utilities Commission (PUC) approved the Deepwater Wind/National Grid Power Purchase Agreement (PPA) for the construction of an eight-turbine wind farm in Block Island Sound, denying CLF’s Motion to Dismiss.

Here’s what CLF’s Rhode Island Advocacy Center Director Tricia Jedele had to say about the decision:

Today’s ruling was inevitable, a result dictated by the legislature in a law defined so narrowly that it could have only one outcome. Unchallenged, this law and the accompanying PUC decision set precedent that will only undermine the efforts to build a future for renewable energy in Rhode Island. The failure to allow the PUC any discretion in its decision-making is the very basis of CLF’s Separation of Powers argument, which we are likely to appeal to the Supreme Court.

The Deepwater Wind project in Block Island Sound first met with problems in April 2010 when its Power Purchase Agreement (PPA) with National Grid was rejected by the PUC on the grounds that it was not commercially reasonable. Rather than appeal the decision, Deepwater, with the support of the Governor and the legislature, sought to do an end run around the review process and rewrite the rules to produce a different outcome the second time around. CLF, a longtime champion of renewable energy done right, was one of the first to challenge the moves as unlawful, unfair and a terrible precedent. CLF contended that the amended law was designed to favor one project and one developer, creating an unlevel playing field that would make it impossible for developers to compete successfully for future projects.

“Renewable energy is too important to this state to do it in a way that could threaten its chances for success,” Jedele said at the time.

In July, in advance of a second review of the PPA required under the amended law, CLF filed a Motion to Dismiss, arguing that the PUC should not review the amended Power Purchase Agreement because the law violates the Constitutional doctrine of separation of powers, and the provision which requires that “all laws be made for the good of the whole.” CLF also argued that even if the PUC were to proceed, it could not review the PPA because the doctrine of res judicata bars litigation of a claim that has already been litigated between the same parties.

On an appropriately wet and windy afternoon yesterday in Boston, the Massachusetts House of Representatives passed the Wind Energy Siting Reform Act with a vote of 101-52. Modeled after the bill passed by the Senate in February, the Act will streamline the siting process for wind energy projects, making it easier for developers and local authorities alike to incorporate well-designed wind power initiatives into the plan to meet the state’s energy demand. The new legislation is a major step towards building a clean energy economy for Massachusetts and reducing dependence on fossil fuels. The bill will now head to a House-Senate conference committee for further discussion.

Here’s what Sue Reid, director of CLF’s Massachusetts Clean Energy and Climate Change Program, had to say on the issue:

“Massachusetts needs to tap into its abundant wind energy resources in order to meet its clean energy goals. We are delighted that the Massachusetts House of Representatives has joined the Senate in passing this wind siting reform bill that is crucial to meeting the state’s energy demand while reducing greenhouse gas emissions and preserving our natural resources. This new legislation will make it easier to develop well-designed wind energy projects. Today’s vote represents a key victory in the state’s ongoing efforts to reduce our dependence on dirty fossil-fuel fired power in Massachusetts.”

Read CLF’s full press statement>>
Learn more about CLF’s renewable energy initiatives in MA and throughout New England>>