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TOWN OF BARNSTABLE v. O'CONNOR

Nos. 14-1597, 14-1598.

786 F.3d 130 (2015)

TOWN OF BARNSTABLE, Plaintiff, Appellant, Hyannis Marina, Inc.; Marjon Print and Frame Shop Ltd.; The Keller Company, Inc.; Alliance to Protect Nantucket Sound; Sandra P. Taylor; Jamie Regan, Plaintiffs, v. Angela M. O'CONNOR, in her official capacity as Chair of the Massachusetts Department of Public Utilities; Jolette A. Westbrook, in her official capacity as Commissioner of the Massachusetts Department of Public Utilities; Robert Hayden, in his official capacity as Commissioner of the Massachusetts Department of Public Utilities; Judith Judson, in her official capacity as Commissioner of the Massachusetts Department of Energy Resources; Cape Wind Associates, LLC; NSTAR Electric Company, Defendants, Appellees. Hyannis Marina, Inc.; Jamie Regan; Alliance to Protect Nantucket Sound, Plaintiffs, Appellants, Marjon Print and Frame Shop Ltd.; The Keller Company, Inc.; Sandra P. Taylor; Town of Barnstable, Plaintiffs, v. Angela M. O'Connor, in her official capacity as Chair of the Massachusetts Department of Public Utilities; Jolette A. Westbrook, in her official capacity as Commissioner of the Massachusetts Department of Public Utilities; Robert Hayden, in his official capacity as Commissioner of the Massachusetts Department of Public Utilities; Judith Judson, in her official capacity as Commissioner of the Massachusetts Department of Energy Resources; Cape Wind Associates, LLC; NSTAR Electric Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

May 18, 2015.

Attorney(s) appearing for the Case

Ira H. Zaleznik,   Joshua M.D. Segal, and Lawson & Weitzen LLP, on brief for appellant Town of Barnstable.

Matthew E. Price, with whom Adam G. Unikowsky, Jenner & Block LLP, Robert A. Bianchi, and Robert A. Bianchi & Associates, were on brief, for appellants Hyannis Marina, Inc., Jamie Regan, and Alliance to Protect Nantucket Sound.

Laurence H. Tribe,   Jonathan S. Massey, and Massey & Gail LLP, on brief for appellant Alliance to Protect Nantucket Sound.

Timothy J. Casey, Assistant Attorney General, with whom Martha Coakley, Attorney General of Massachusetts, was on brief, for appellees Angela M. O'Connor, Jolette A. Westbrook, Robert Hayden, and Judith Judson.

David S. Rosenzweig, with whom Erika J. Hafner,   Michael J. Koehler, Keegan Werlin LLP, Geraldine E. Edens,   Christopher Marraro, and Baker & Hostetler LLP, were on brief, for appellee Cape Wind Associates, LLC.

John D. Donovan, Jr.,   Matthew L. McGinnis, and Ropes & Gray LLP, on brief for appellee NSTAR Electric Company.

Before LYNCH, Chief Judge, STAHL and KAYATTA, Circuit Judges.

This appeal arises from the latest in a series of lawsuits by opponents of a proposed off-shore wind power generation facility in Nantucket Sound. Plaintiffs — who include the Town of Barnstable, a non-profit advocacy group named Alliance to Protect Nantucket Sound, and businesses and individuals residing near the...

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