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ALLIANCE TO PROTECT NANTUCKET SOUND, INC. v. ENERGY FACILITIES SITING BOARD

Nos. SJC-10596, SJC-10578.

457 Mass. 663 (2010)

ALLIANCE TO PROTECT NANTUCKET SOUND, INC., & others v. ENERGY FACILITIES SITING BOARD & others, (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk, Barnstable.

August 31, 2010.

Attorney(s) appearing for the Case

Eric W. Wodlinger (Gareth I. Orsmond with him) for Cape Cod Commission.

Douglas H. Wilkins (Nina L. Pickering Cook with him) for Alliance to Protect Nantucket Sound & others.

Charles S. McLaughlin, Jr., for town of Barnstable.

Kenneth W. Salinger, Assistant Attorney General (Annapurna Balakrishna, Assistant Attorney General, with him) for Energy Facilities Siting Board & another.

David S. Rosenzweig (Erika J. Hafner with him) for Cape Wind Associates, LLC.

Shanna M. Cleveland, for Conservation Law Foundation, intervener, submitted a brief.

Matthew F. Pawa & Mark R. Rielly, for Clean Power Now, Inc., intervener, submitted a brief.

The following submitted briefs for amici curiae:

Ronald H. Rappaport & Michael A. Goldsmith for town of Aquinnah & others.

Mark J. Lanza for Martha's Vineyard Commission.

Patricia Crowe & Brooke Skulley for Boston Gas Company & others.

Present: MARSHALL, C.J., IRELAND, SPINA, CORDY, BOTSFORD, & GANTS, JJ.

BOTSFORD, J.

In 2005, the Energy Facilities Siting Board (siting board), acting pursuant to G. L. c. 164, § 69J (§ 69J), approved the petition of Cape Wind Associates, LLC (Cape Wind), to build and operate two 115 kilovolt underground and undersea electric transmission cables or lines (transmission project, or transmission lines) that would connect Cape Wind's proposed offshore wind-powered energy generating facility (wind farm) to the regional electric...

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