PUBLIC EMPLOYEES FOR ENVIRONMENTAL v. HOPPER

No. 14-5301, Consolidated with 14-5303.

827 F.3d 1077 (2016)

PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, et al., Appellants Town of Barnstable, Massachusetts, et al., Appellees v. Abigail Ross HOPPER, Acting Director, U.S. Bureau of Ocean Energy Management, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 2016.


Attorney(s) appearing for the Case

Benjamin S. Sharp , Washington, DC, argued the cause for appellant Alliance to Protect Nantucket Sound. With him on the briefs were Donald C. Baur , Jennifer A. MacLean , W. Eric Pilsk , and Charles Alan Spitulnik , Washington, DC.

Eric R. Glitzenstein , Washington, DC, argued the cause for appellants Public Employees for Environmental Responsibility, et al. With him on the briefs was William S. Eubanks II , Wellborn, FL.

Todd D. Lochner , Annapolis, MD, was on the brief for amici curiae Cape Cod Marine Trades Association, Inc. and Massachusetts Fishermen's Partnership, Inc. in support of appellants.

J. David Gunter II , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were John C. Cruden , Assistant Attorney General, and Luther L. Hajek , Attorney.

Christopher H. Marraro , Washington, DC, argued the cause for intervenor Cape Wind Associates, LLC. With him on the brief was Geraldine E. Edens , Washington, DC.

Before: MILLETT and WILKINS, Circuit Judges, and RANDOLPH, Senior Circuit Judge.


The Cape Wind Energy Project is a proposal to generate electricity from windmills off the coast of Massachusetts. It calls for the "construction, operation and maintenance ... of 130 wind turbine generators" in the Horseshoe Shoal region of Nantucket Sound. The turbines have an estimated life-span of twenty years...

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