Town of Barnstable v. O’Connor

Authors

Taylor R. Thompson, Alexander Blewett III School of Law at the University of MontanaFollow

Case Summary Citation

Town of Barnstable v. O’Connor, 786 F.3d 130 (1st Cir. 2015)

Abstract

The United States Circuit Court of the First Circuit’s decision in Town of Barnstable v. O’Connor reignites a hotly debated offshore wind plant proposal. The First Circuit held that the Ex parte Young exception to the Eleventh Amendment applied because the complaint alleged an ongoing violation of federal law and the relief sought was prospective. The court did not discuss the merits of the claim, so the fight against the proposed wind plant powers on.