United States First Circuit

In an action arising from the latest in a series of lawsuits by opponents of a proposed off-shore wind power generation facility in Nantucket Sound, seeking an injunction and a declaratory judgment against state and private defendants, the district court's grant of defendants' motion to dismiss after determining that the Eleventh Amendment precluded the assertion of federal court jurisdiction is: 1) reversed where the Eleventh Amendment does not bar federal court jurisdiction over plaintiff's claims; and 2) remanded for resolution of the case's status and the possible need to resolve a litany of other issues concerning the viability of the complaint.

Appellate Information

• Decided 05/18/2015
• Published 05/18/2015

Judges

• KAYATTA

Court

• United States First Circuit

Counsel