Appeals court overturns key Cape Wind clearance
Headline Legal News
A federal appeals court has rejected the Federal Aviation Administration's ruling that the Cape Wind project's turbines present "no hazard" to aviation, overturning a vital clearance for the nation's first offshore wind farm.
A decision Friday from the U.S. Court of Appeals for the District of Columbia said the FAA didn't adequately determine whether the planned 130 turbines, each 440 feet tall, would pose a danger to pilots flying by visual flight rules.
The court ordered the "no hazard" determinations vacated and remanded back to the FAA.
It also ruled that if the FAA found the project posed aviation risks, the U.S. Interior Department would likely revoke or modify the lease granted Cape Wind — the first granted to a U.S. offshore wind project.
The decision signals further delays for the project, which has struggled to find financing.
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Texas Adopts Statewide Texting-While-Driving Ban
Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”
The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.
Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.
Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.