In late May, the Massachusetts Energy Facilities Siting Board (EFSB), a state agency comprised of nine gubernatorial appointees, issued its final decision to grant a "Certificate of Environmental Impact and Public Interest" for the construction of electric transmission lines by Cape Wind Associates. The decision attempts to override local and regional permitting processes.

On June 12, 2009, the Cape Cod Commission (the Commission) began the process of appeal of that decision to the Supreme Judicial Court of Massachusetts -- not to address the merits or demerits of this particular project, but to address the jurisdictional conflicts between the Commission and the EFSB. The Commission's jurisdiction is as wide as the EFSB's is deep. Appealing to the highest court in the Commonwealth provides the quickest way to resolve the dispute and it is our hope that this will be settled in a matter of months.

The fastest way to permit and construct off-shore wind is to participate fully in the local process. The EFSB was created in 1973 to approve projects unduly burdened by local permitting processes. It was designed to prevail over unreasonable burdens masquerading as local interests, not to side step local interests entirely. The EFSB has attempted to expand its jurisdiction to the point where a "good faith" effort at complying with local permitting is evidenced by simply filing an application. Allowing this process to stand would allow any type of future utility project to avoid local review in evaluating and mitigating local impacts, providing an outcome that favors certainty over fairness.

This project has been a popular subject of discussion for some time and in a sense a worst-case outcome has already happened: polarization. Much good work on local and regional renewable energy projects and conservation efforts is often prejudiced by the nature of an organization's interaction with this one project. "Absolutist" critics on both sides have created a situation where labels replace the merits of their respective positions. This division threatens to slow the pace of regional progress for renewable energy and hampers real efforts at expedited permitting.

Fast action is necessary on public policy and public initiatives to reduce dependence on fossil fuels. The health of our environment and our economy requires a move to more sustainable use, generation and transmission of energy. We need it all and we need it now. There is no one alternative or single action that can slow the course of global warming. As a coastal region most at risk from rising sea levels, we understand that off-shore wind is an important part of a strategy for sustainable energy independence.

The energy policy of the Cape Cod Regional Policy Plan states:

"The United States' dependence on fossil fuels has a variety of adverse environmental, economic, and social impacts, and contributes to worldwide greenhouse gas emissions and global climate change. Continued reliance on this resource leaves the Cape's economy vulnerable to global market forces. Energy conservation, energy efficiency, and the use of the Cape's abundant clean renewable energy resources are ways to reduce greenhouse gas emissions, manage energy costs, and decrease reliance on fossil fuel imports for homeowners and businesses. Harnessing these resources in conjunction with energy efficiency and conservation practices will help create a stable, sustainable energy future for Cape Cod."

The Cape Cod Commission and Barnstable County are moving aggressively in support of this policy. The Commission and other county entities provide a synergy for renewable energy progress unmatched in the Commonwealth:

• a new Regional Policy Plan with one of the most progressive energy requirements for new commercial construction in the country,
• an updated Hazard Mitigation Plan that includes climate adaptation strategies,
• implementation of a regional approach to the Green Communities Act, mapping with local towns for expedited permitting of land-based renewable projects,
• participating in the Ocean Advisory Commission, zoning the ocean for off-shore renewable projects,
• participating in the Climate Change Adaptation Advisory Council,
• supporting bio-fuel pilot projects, and
• developing workforce training opportunities in "green building" trades.

The Commission will resolve this current conflict with the EFSB without delay. We do this with the understanding that as a nation we are behind the curve in addressing the environmental and economic realities of global warming. We acknowledge that every region has to do its part. We are also tempered by the history of well-intentioned government action that bends too much in the direction of one industry. We are moving forward with steps that are as complete, deliberate and respectful to the basic tenets of community as they are swift.