The decision’s in but surely there will be litigation.
Here are some interesting materials in opposition to the project, sent to us by the Gay Head Wampanoag:
Chair Cape Winds ACHP to MMS Letter 11-18-09
Chair Cape Wind Correspondence Documentation As of 03-29-10
Chair Cape Wind ACHP Final Comments to Deny Permit 04-02-10
Chair Cape Wind Letters of Support Through 04-09-10
Chair Cape Winds Legal Opinion SG 03-29-10
Given the interest in our sovereign immunity posting (here), this case is also worth watching to some extent. We don’t have the pleadings, but this news article has much of the relevant info. The case, filed in a trial court in Florida, involves an employment contract and an alleged waiver of immunity by the chairman. The tribe’s defense:
In a motion to dismiss the suit, tribe leaders say Hendricks acted alone and did not have the authority to waive tribal immunity, according to court documents.
“The contract does not contain or attach a vote or resolution of the council,” the tribe’s motion states. Under the tribe’s constitution, the full council must vote to waive its sovereignty, lawyers for the tribe argue.
Here is the tribal constitution (see article XV).
Turtle Talk 
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