Law360 Quotes Partner David E. Frulla on Settlement of Cape Wind Lawsuit

The Law360 article, ​“Fishermen End Suit Against Cape Wind Project,” reported that the Martha’s Vineyard/Dukes County Fishermen’s Association and Jonathan Mayhew, represented by Kelley Drye attorney, David E. Frulla, settled their lawsuit with Cape Wind Associates LLC. In June 2010, the fishermen filed a lawsuit to stop the development of a 130 wind turbine mill in the Nantucket Sound. The association asserted that the project would destroy their livelihood.

Law360 reporter, Dan Packel, quoted Mr. Frulla who said once the decision was made to end the lawsuit with over 170 docket entries but no briefing yet on the merits, the settlement proceeded smoothly.

The settlement contains three provisions to support the local fishing community. A permit  bank will be established in which a charitable organization will buy the commercial fishing permits to be them available to local fishermen. The fishermen and Cape Wind will develop a strategy that provides for fishermen access, fish safety. Finally both parties will jointly promote a branded product of ​“Vineyard Wild-caught” seafood.

“ ​‘From a fisherman’s perspective, you can try to put it all on black to knock the project out, or you can accept the project and work together to reach some kind of solution,’ Frulla said.”