"The U.S. Court of Appeals decision today is a victory for the fishermen, pilots, boaters, Native Americans, environmentalists, homeowners, towns, and businesses, which have fought to protect Nantucket Sound against Cape Wind for 15 years. The Court concluded that in issuing a long-term lease to Cape Wind, the U.S. Department of Interior violated both the National Environmental Policy Act and the Endangered Species Act. As a result, Cape Wind must go back to the drawing board and supplement their Environmental Impact Statement with adequate data to properly assess whether the project can be safely built, given seafloor conditions in Nantucket Sound. In addition, the Court said there needs to be a new analysis of the measures needed to reduce mortality and injury to endangered species including the Roseate Tern and the Piping Plover. Cape Wind would also need a permit under the Migratory Bird Treaty Act before proceeding with the project."
"However, the Court today did not terminate Cape Wind's lease to 46 square miles of Nantucket Sound. At present, the lease is suspended through next year per Cape Wind's request. So long as that 28- year lease can be revived, Cape Wind's developers will continue to press ahead with attempts to either build their massive 130 turbine project or sell that lease to another potential developer."