Cape Wind Opponents Challenge Project on Constitutional Grounds


Excerpt from Nathaniel Currier's "The Destruction of Tea at Boston Harbor", a lithograph depicting the Boston Tea Party. Image and caption credit:Wikipedia.

First project opponents said Cape Wind would have adverse environmental impacts. Those were put to rest with a final Environmental Impact Assessment, conclusions from which were accepted by the US Secretary of Interior. Then there was opposition based on spiritual traditions of native Americans being intruded upon. Earlier this week they were all over Cape Wind with a new tactic: speculating that the electricity eventually produced by the project will be doubly expensive - comparing it to the Big Dig land-based project - thus threatening an unfair burden on future rate payers (according to opponents). Nearby Boston, where the first 'Tea Party' protest happened, being proximate to the Cape, we had to expect a constitutionality challenge. And here it is.Boston Herald reports that "The possible legal assault, based on the Commerce Clause of the U.S. Constitution, would be in addition to opponents' already stated intent to challenge Cape Wind on alleged violations of endangered species, ocean and energy laws."

Hold that thought and put it next to Five Protestors Arrested in Boulder For Erecting Fake Wind Turbines on a Coal Pile in your political mind. Who's constitutional rights are more "right?"

The struggle between wind and coal is headed to a "which side are you on" narrative. It reminds me of the long-ago narrative around this guy, who made the Boston area starting point for his military career.


Benedict Arnold. Image: WIkipedia

Tags: Boston | Massachusetts

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