Massachusetts Agency Confirms Federal Jurisdiction over Cape Wind

A Final Decision issued by the Director of the Massachusetts Division of Fisheries and Wildlife upheld an earlier decision that the proposed offshore wind farm, Cape Wind does not constitute a “taking” under the Massachusetts Endangered Species Act and that wildlife issues will be managed by the appropriate Federal Agencies.

In his final decision, MDFW Director Wayne F. MacCallum found the legal reasoning of project opponents to circumvent Federal authority as “not persuasive,” and that, “the federal law on point is overwhelming.”

A final decision on the Cape Wind project is expected to be issued later this year by the U.S. Minerals Management Service.

Cape Wind Associates