DC Circ. Overturns FAA Approval Of Mass. Wind Farm

Law360, New York (October 28, 2011, 5:21 PM EDT) -- The D.C. Circuit on Friday dealt a blow to the proposed construction of the U.S.' first offshore wind farm, rejecting the Federal Aviation Administration's determination that the project's 130 wind turbines would present no hazard to aviation.

In considering a pair of consolidated petitions challenging the agency's decision, a three-judge panel concluded that the FAA improperly applied its handbook's guidelines in finding that Cape Wind Associate LLC's proposal to build the 440-foot tall wind turbines in a 25-square-mile area of Nantucket Sound would have “no substantial...
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