United States First Circuit

Concerning whether a commercial wind energy farm may be built in Nantucket Sound, the federal court does have subject matter jurisdiction, and plaintiff's complaint was properly dismissed because the Magnuson-Stevens Act did not grant the Commonwealth of Massachusetts authority to regulate the construction of a tower in federal waters.

Appellate Information

• Decided 06/28/2004
• Published 06/28/2004

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John W. Spillane, with whom Spillane & Spillane, LLP was on brief, for appellants.


• For Appellees:
  
• Timothy J. Dacey, with whom Kurt W. Hague and Goulston & Storrs, P.C. were on brief, for appellee.