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Environmental Practice Skills, Methods and Controversies: Siting and Permitting of a Wind Farm as a Case Study

Homework Assignment Due by Noon on February 25

1. For this exercise, consider yourselves the team leaders who are responsible for orchestrating the project for Gust Wind. You need a vision of how you will get Gust Wind from concept to construction. Thinking about the legal framework we have been studying and using the permit list I am providing (no research required) as a starting point, each team should submit to the iSite an organized list of the experts/expertise that Gust Power will need to engage for the project. Think about the big picture and about the details. For example, what expertise/experts will you need to engage in order to get through the OCSLA leasing process? The NEPA/MEPA processes? What tasks will you assign each expert to handle? Each student on the team is equally responsible for the quality, organization, comprehensiveness, and clarity of the list. You will each receive the same grade. 2. In addition, still working with your assigned team and still using the Gust Power facts and the laws with which we have been working, each team should submit to the iSite a memorandum addressed to your client answering the assigned question. The memorandum should be no more than 2-3 double-spaced pages! Each student on the team is equally responsible for and should carefully review and edit the memorandum to ensure that it is accurate, succinct, and well-written! TEAM 1 [Daniel Carpenter-Gold and Rachel Raymond]: Your clients are a group of Cape Cod residents who support the project. They want to know what legal leverage they have to push for the project. Provide several examples from the laws and regulations we have been studying. TEAM 2 [Ryan Cook and Corey McGehee]: Your clients are a group of Cape Cod residents who oppose the project. They want to know what legal leverage they have to block the project. Provide several examples from the laws and regulations we have been studying. TEAM 3 [Sarah Weiner and Casey Clausen]: Your client is the Massachusetts Department of Environmental Protection (DEP) which has no stake in the outcome but must participate in various consultation processes and potentially render decisions on permit applications. You are the lawyer in the Office of General Counsel who has been asked to advise the Commissioner about how the various laws should inform his participation in the consultation processes with BOEM, the MEPA office and the MCZM Office. Provide several examples from the laws and regulations. TEAM 4 [Mateen Safaie and David Baake]: Your clients are a national group of bird watchers and enthusiasts who oppose the project. They want to know what legal leverage they have to block the project. Provide several examples from the laws and regulations we have been studying. TEAM 5 [Andrew London and Sean Morrison]: Your client is the Massachusetts Department of Environmental Protection (DEP) which has no stake in the outcome but must participate in various consultation processes and render decisions on permit applications. You are the lawyer in the Office of General Counsel who has been asked to advise the Commissioner about how the various laws should inform his participation in the consultation processes with BOEM, the MEPA office and the MCZM Office. Provide several examples from the laws and regulations.