Reporter Jon Chesto of the Boston Globe offers laughable Talking Points in his July 6, 2016 published:
A US Appeals Court panel in Washington ruled on Tuesday that Cape Wind Associates still has more work to do before it can move forward with its proposed 130 wind turbine project for Nantucket Sound. The developer hailed the court’s decision on a lawsuit filed by opponents as a positive one, saying the ruling leaves only two primary federal permit issues unresolved: data involving the sea floor and subsurface conditions, and questions about potential harm to birds that fly through the area. Cape Wind president Jim Gordon said any delays to the project should be relatively minimal as a result, because the bulk of the information sought by the court has already been compiled. “We think today’s decision provides a road map forward,” Gordon said..."
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Where do I begin as a plaintiff in this D.C. Circuit Court matter to refute the overly optimistic viewpoint held by developers and as expressed in the Boston Globe Headline?
In response to this Boston Globe "puff" piece about Cape Wind seeing a way forward, Cape Wind has neither prevailed in D.C. Circuit Court, nor in the real world.
1. The D.C. Circuit Court ruled that the U.S. Fish and Wildlife Service violated the Endangered Species Act by failing to address the feasibility of mitigation measures intended to reduce harm by Cape Wind to endangered species.
2. The court ruled that the federal government violated the National Environmental Policy Act by failing adequately to analyze the Nantucket Sound environment, and especially the subsurface environment.
3. On the Migratory Bird Treaty Act claim, the court ruled that the company must obtain an MBTA permit before the project can “take” any migratory birds –
For the record, Massachusetts Audubon Society MAS staff scientists have arrived at up to 6,600 avian mortalities per year by Cape Wind in MAS comments to federal regulators.
That's up to 6,600 violations of strict-liability, criminal statutes per year anticipated by Cape Wind's proposed project to occur beginning at construction.
Cape Wind is a failure in the real world
Cape Wind is a 2001 ill-conceived offshore wind project whose developers have been unable to secure financing after 15 years. This is a saving grace for the public that would fund $2.6 billion dollar Cape Wind, by White House Memo 60%, to trigger triple current energy cost for Massachusetts residential customers, municipalities, businesses and industries.
What "Path Forward"?
* Cape Wind has thus far been rejected by private sector investors.
* Without customers (captive ratepayers) for their expensive project, Cape Wind cannot attract financing.
* The utilities have terminated Cape Wind's Power Purchase Agreement contracts for energy because Cape Wind failed to meet the financing deadline.
* Cape Wind's New Bedford Marine Commerce Terminal lease was also terminated because Cape Wind failed to make their lease payment.
* The state of MA has denied Cape Wind's bid for a permit extension for cable they need to bring their power to shore.
* Beacon Hill legislators have shunned Cape Wind in proposed legislation that would direct offshore wind development. Cape Wind's "no bid" PPA contract deal status eliminates them from consideration as an offshore wind lease holder, developer, by language inserted in the bill.
Please Note that "Developers" is the most-loaded word in the lexicon of renewables interested. That's because KYC Know Your Customer is a procedure missing in regulatory reviews of politically-favored wind projects. Without regulators' implementation of KYC that includes the comprehensive vetting of wind Limited Liability Corporations the public is exposed to unacceptable and exponential economic and environmental risks.
Europol Report(s) and money-laundering legal experts identify the mafia's involvement in wind energy LLCs. UK regulators failed to implement "KYC"
Please Note that that Cape Wind Associates, LLC was formed when Wind Management, LLC (Brian Caffyn) merged with EMI (Jim Gordon).
As for Jim Gordon’s former Cape Wind partner Brian Caffyn, founder of UPC Group, Wind Management, LLC, and First Wind, who financed, constructed, owned and operated Italian Vento Power Corporation, IVPC in Italy…By (First Wind) UPC ***Direct Testimony, Italian Vento Power Corporation ( IVPC) is an affiliate and subsidiary of UPC (First Wind). Italian Vento Power Corporation (IVPC) with Director Oreste Vigorito, along with partner “Lord of the Wind” Vito Nicastri, were the targets of Operation "Gone With the Wind", THE 2009 investigation by anti-Mafia police in Italy into wind energy fraud in order to obtain public subsidies that evolved to the largest-ever asset seizure by anti-Mafia police..
***UPC First Wind Direct and relevant Testimony, (see page 8, line 3, connecting UPC (First Wind) to Italian Vento Power Corporation, (IVPC):