Earlier this year, the U.S. Court of Appeals for the District of Columbia ruled in favor of our clients in a long-running challenge to the Cape Wind Project under the Endangered Species Act and Migratory Bird Treaty Act. In a related case, the Court also ruled that federal regulators violated the National Environmental Policy Act with regard to surveys of the ocean floor that are necessary before construction and operation of the project. This week, the American Bar Association published an article written by Bill Eubanks of Meyer Glitzenstein & Eubanks LLP examining the D.C. Circuit’s ruling and its legal and practical implications for other energy projects. In particular, the article encourages energy developers to work collaboratively with local stakeholders early in the project siting process and stresses the need for federal regulatory agencies to serve in an objective and impartial fashion when reviewing and ultimately approving energy projects located on lands or waters within federal jurisdiction. The article can be found here.