Aquinnah Threaten Lawsuit Over Cape Wind

The Aquinnah Tribe has indicated that it is prepared to litigate if the Department of the Interior approves the Cape Wind offshore wind farm proposal. The Wampanoag have a ceremonial interest in the rising sun over Nantucket Sound, which the wind farm would interfere with. The wind farm would cover 25 square miles of water with turbines.

The Boston Globe explains:

The tribe says it has retained a lawyer experienced in tribal historic preservation efforts to “fully prepare for administrative and judicial relief should the project move forward.” The tribe identified over 14 legal shortcomings by the Minerals Management Service under the National Historic Preservation Act and may sue under other federal laws.

Two Wampanoag tribes say that the proposed 400 plus foot tall turbines would disturb spiritual sun greetings and possibly ancestral artifacts on the seabed that was once exposed land. Chairwoman Cheryl Andrews-Maltais says the tribe is in favor of renewable energy, but not in Nantucket Sound.

She says the lawsuit would help their tribe, but also help avoid future devastation to tribal historic sites throughout the Country.

For more details, see these previous posts on the wind farm.

Hat tip LCCHP.

UPDATE: Here’s another article, with more detail.

Posted in: Archaeology Law, Cultural Property Law, Native American Issues, Northeast U.S., Preservation Initiatives