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ALLIANCE TO PROT. NANTUCKET v. U.S. DEPT. OF ARMY

No. CIV.A.02-11749-JLT.

288 F.Supp.2d 64 (2003)

ALLIANCE TO PROTECT NANTUCKET SOUND, INC.; Ronald Borjeson; Wayne Kurker; Shareen Davis; Ernest Eldredge; David Ellsworth; Robert Hazelton; Osterville Anglers Club, Inc.; and Hyannis Anglers Club, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF THE ARMY; Honorable Thomas E. White, Secretary of the Army; United States Army Corps of Engineers; LT. General Robert B. Flowers, Chief of Engineers, United States Army Corps of Engineers; and Colonel Thomas L. Koning, District Engineer, United States Army Corps of Engineers, Defendants, CAPE WIND ASSOCIATES, LLC, Intervenor.

United States District Court, D. Massachusetts.

September 18, 2003.

Attorney(s) appearing for the Case

Benjamin S. Sharp, Donald C. Bauer, Perkins Coie LLP, Washington, DC, Gary L. Gill-Austern, Nutter, John P. Driscoll, Martin C. Pentz, McClennen & Fish, LLP, Boston, MA, for Plaintiffs.

Anton P. Giedt, United States Attorney's Office, Boston, MA, Jon M. Lipshultz, Environmental Defense Section, Washington, DC, for Defendants.

Michael David Vhay, Piper Rudnick LLP, Stephen H. Oleskey, Hale & Dorr, LLP, Boston, MA, Robert D. Smith, Town of Barnstable, Hyannis, MA, Ann L. Carpenter, Sullivan, Weinstein & McQuay, P.C., Boston, MA, John C. Creney, John C. Creeney PC, Yarmouth Port, MA, Darlington P. Hicks, Conservation Law Foundation, William L. Pardee, Attorney General's Office, Boston, MA, for Movants.

MEMORANDUM

TAURO, District Judge.

This action is the second skirmish in what may prove to be a protracted struggle over the construction of a wind energy plant in Nantucket Sound, Massachusetts.1 It involves a challenge by Plaintiffs2 to the decision of the United States Army Corps of Engineers ("Corps"), one of the named Defendants,

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