on an EFSB hearing a party must show that there are specific, proximate,
which was a condition of the EFSB's earlier 2005 approval.
the cape wind matter, the interveners appealed an EFSB decision to
finding the plaintiffs failed to show the EFSB acted in any manner
show the EFSB acted inconsistently from the "Turners Falls
In 2005, the Massachusetts Energy Facilities Siting Board (EFSB) approved Cape Wind's plan to construct electrical transmission lines to run from the turbines through the ocean to connect to NSTAR Electrical Company's existing electrical grid.
(86) It claimed that since the Town has not exhausted all of its other possible remedies--because the EFSB has not yet issued the certificate--it does not have the option to sue.
(151) Only compounding this fear is the fact that the Act would allow the EFSB to waive or relax existing wind energy standards.
(217) Also if a town denies a permit because the project does not meet the standards, or a regional planning agency denies a permit based on comprehensive wind energy-siting standards that have been approved by the Department of Energy Resources, the EFSB cannot overrule them and grant the permit.
(39) See Permitting Update, supra note 34 (outlining the EFSB's authority to permit the transmission line).