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Barnstable Superior Court Judge Robert Kane has allowed motions by Cape Wind and the Commonwealth of Massachusetts to dismiss four of five counts that had been filed by the Alliance to Protect Nantucket Sound and the town of Barnstable against the proposed Cape Wind offshore wind project.

"The court rejected the opponents' primary argument and agreed that Massachusetts agency review was proper," says Cape Wind president Jim Gordon. "We look forward to providing the public with the benefits of Cape Wind, including cleaner air, more stable energy prices, new jobs and greater energy independence, as soon as possible."

On the remaining count, Kane ruled that the plaintiffs could not yet challenge it in court because the matter was still pending before a state agency.

The lead federal permitting agency, the Minerals Management Service (MMS), is expected to issue a final environmental impact statement (EIS) on Cape Wind later this year, to be followed within 30 days by a record of decision.

SOURCE: Cape Wind

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