Legal Appeals

Updated February 2015

•      An appeal of Cape Wind’s NStar contract remains pending in the U.S. Court of Appeals in Boston, led by constitutional expert Laurence Tribe.  Plaintiffs include the Town of Barnstable, the Alliance and other NStar ratepayers.  Briefing is complete and oral arguments were held on January 5, 2015.  Pursuant to its January 6, 2015, notice of termination to Cape Wind, NStar notified the Court that the Court should consider the case moot.  Cape Wind has taken the position that the contract terminations are invalid due to claims of force majeure and has requested the case be decided.  The state has taken no position. The Court has asked for status updates in February and March of 2015 prior to making a decision.

•      Appeals against numerous federal agencies including the U.S. Coast Guard have been filed in the U.S. Court of Appeals in D.C. by multiple plaintiffs including Public Employees for Environmental Responsibility, the Town of Barnstable, the Alliance and others.  Timing for a decision would likely be early to mid 2016.

•      The Town of Barnstable has filed an appeal of the recent project change authorized by the Massachusetts Energy Facilities Siting Board (EFSB).  Success in this case would result in a remand back to the EFSB, likely in late 2015 or early 2016.

•      Additional legal challenges to at least one other federal agency’s actions will likely be filed mid 2015. Timing of a court decision would be one to two years from the filing date.