According to the court, the timing to review this case was not proper, since the town failed to exhaust administrative remedies. Allowing for the exhaustion of administrative remedies is important, because the doctrine promotes administrative autonomy and judicial efficiency (if the agency resolves the matter, it will never get to court). From the Cape Cod Times:
The lawsuit claimed the Cape Cod Commission had exclusive jurisdiction over permitting transmission lines necessary for the proposed Nantucket Sound wind farm.
The commission refused to issue a permit for the transmission line portion of the project in 2007, citing a lack of information necessary to make a decision. Cape Wind then sought a so-called “super permit” from the state siting board that would include nine state and local permits, which prompted Barnstable’s lawsuit.
In an 11-page decision filed Monday, Barnstable Superior Court Judge Robert Rufo dismissed the town’s lawsuit because the siting board had not yet finished its review of the “super permit” request.
“Because the town has failed to exhaust its administrative remedies before (the siting board), this court lacks jurisdiction over the declaratory judgment claims and must dismiss the amended complaint,” Rufo wrote in his decision.
Related links:
- Cape Wind :: America’s First Offshore Wind Farm on Nantucket Sound
- American Wind Energy Association
- Cape Wind: Money, Celebrity, Class, Politics, and the Battle for Our Energy Future on Nantucket Sound
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