WASHINGTON - March 24 - Several member organizations of the SafeWind environmental coalition yesterday filed a "friend of the court" brief in the lawsuit against the U.S. Army Corps of Engineers, challenging its issuance of a permit to the Cape Wind Associates to build a private data tower in Nantucket Sound.

The Corps issued this permit in August 2002 under the authority of section 10 of the Rivers and Harbors Act. The tower, which is designed to collect meteorological information, is associated with the Cape Wind proposal to build a massive wind energy project covering 23 square miles of Nantucket Sound. The brief supports an appeal filed by the Alliance to Protect Nantucket Sound of a decision issued by federal district court Judge Tauro last September, which upheld the Corps' permit. Massachusetts Attorney General Tom Riley filed a similar friend of the court brief on March 11, 2004.

Sharon Young, representing The Humane Society of the United States, stated: "Our coalition of environmental groups has filed this brief in an effort to ensure that private developers cannot make use of the public resources of Nantucket Sound or any federal waters without first obtaining the necessary land use authorization. The Corps cannot ignore the fact that Cape Wind is now using the public lands and waters in Nantucket Sound for a private purpose without any permission to do so. And they are doing so with the expectation of expanding this use to an extent that may adversely affect birds and the local marine ecosystem."

Cindy Lowry, director of the Oceans Public Trust Initiative, a project of the Earth Island Institute, said, "The United States government holds Nantucket Sound in the public trust for all citizens. We cannot allow a federal agency to issue permits that developers will use to take over such property for their own gain. If this action by the Corps of Engineers is allowed to stand, it will establish a very dangerous precedent that threatens our oceans and coast lines with other private development. This should be viewed as an action by the Corps that is allowing illegal privatization of public property."

In its brief, the SafeWind groups argue that the Corps lacks the power to grant permits to private developers to use land and water which is held in the public trust for private development on the Outer Continental Shelf, which covers the area of the ocean more than 3 miles from shore. They also argue that the Corps acted unlawfully by issuing this permit when it knew that Cape Wind had no property right to use and occupy this location.

As a result, the brief argues, the Corps violated federal law and acted contrary to the public trust by issuing such a permit. The groups contend that construction of a massive wind farm at this site may adversely affect important wintering areas for migratory birds and feeding areas for

Members of the SafeWind coalition that filed the brief are: The Humane Society of the United States, the International Fund for Animal Welfare, the International Wildlife Coalition, the Oceans Public Trust Initiative, Three Bays Preservation, and the Whale and Dolphin Conservation Society. They are joined by Cetacean Society International.

As a result of their concerns over the lack of an adequate regulatory structure, and the need to assure thorough environmental review of proposed offshore wind energy facilities, the SafeWind coalition (SafeWind.Info) was established as a vehicle for providing information to inform the process and to advocate for environmental protection.

Patrick Parenteau, a professor of environmental law of the Vermont Law School, filed the brief for SafeWind. Professor Parento previously served as Regional Counsel for EPA in Boston from 1984 to 1987. He also served as Commissioner of the Vermont Department of Environmental Conservation from 1987 to 1989.

Organizations Filing the “Friend of the Court” Brief

The Humane Society of the United States (HSUS): The HSUS is the nation’s largest animal protection organization with over seven million members and constituents. With active programs in companion animals, wildlife, animals in research, and farm animals and sustainable agriculture, The HSUS works to protect all animals through legislation, litigation, investigation, education, advocacy and field work. For more information, visit The HSUS website: www.hsus.org.

International Wildlife Coalition (IWC): The International Wildlife Coalition, Inc. is a federally recognized, non-profit 501 (c)(3) tax-exempt charitable organization. Founded in 1984, the Coalition is dedicated to public education, research, rescue, rehabilitation, litigation, legislation and international treaty negotiations concerning global wildlife and natural habitat protection issues. For more information, visit IWC’s website: www.iwc.org.

The International Fund for Animal Welfare (IFAW): The International Fund for Animal Welfare works to improve the welfare of wild and domestic animals throughout the world by reducing commercial exploitation of animals, protecting wildlife habitats and assisting animals in distress. IFAW seeks to motivate the public to prevent cruelty to animals and to promote animal welfare and conservation policies that advance the well being of both animals and people. For more information, please visit IFAW’s website: www.ifaw.org.

Oceans Public Trust Initiative (OPTI), a project of the Earth Island Institute: The Oceans Public Trust Initiative has been established to actively defend the principle that the resources of our coastal and ocean environments are held in trust for the general public by the federal and state governments and are not subject to the unauthorized use and ownership by private parties for exploitation purposes. The need for such an organization is clear based on recent actions by development interests and the federal government that fail to ensure that this public trust principle is adequately defended.

Three Bays Preservation: Three Bays Preservation is a local environmental group dedicated to the preservation, maintenance, and enhancement of the Three Bay Watershed of the Town of Barnstable, Massachusetts. Three Bays is active in water quality monitoring, habitat creation and improvement, improving the water quality of our embayments and a variety of other projects of that nature. We are a science-based organization that directs our activities based on the best available scientific information. For more information, visit our website: www.3bays.org.

Whale and Dolphin Conservation Society (WDCS): The Whale and Dolphin Conservation Society is the world’s most active charity (Registered No. 1014705) dedicated to the conservation and welfare of all whales, dolphins and porpoises (also known as cetaceans). Our objectives are: to reduce, and ultimately, eliminate the continuing threats to cetaceans and their habitats and to raise awareness of cetaceans and educate people about the need to address the continuing threats to their welfare and survival. You can find out more about our work on our website at www.wdcs.org.

Cetacean Society International (CSI): CSI is an all volunteer, non-profit conservation, education, and research organization based in the USA, with volunteer representatives in 26 countries around the world. The goal of the Cetacean Society International is to achieve on a global basis the "optimum utilization of cetacean resources" [1946 International Whaling Commission Treaty] through benign utilization and the elimination of all killing and captive display of whales, dolphins, and porpoises. To this end, we seek in every peaceful way to minimize cetacean killings and captures, and to maximize activities that neither harm nor harass, such as regulated whale watching, nonlethal research, and widespread educational, aesthetic, and environmental programs relating to free-living whales, dolphins, and porpoises. Our ultimate aim is peaceful coexistence and mutual enrichment for humans and cetaceans. For more information, visit www.csiwhalesalive.org.

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