Jacqueline Johnson v. Energy Facilities Siting Board & Another

Summary

The court affirmed the Energy Facilities Siting Board’s approval of a proposed offshore wind substation despite uncertainty concerning whether yet-to-be-manufactured equipment could meet aggressive noise specifications. The court held that expert modeling, conservative assumptions, and the board’s required eight-decibel noise cap provided substantial evidence for the approval, and that the board lawfully conditioned approval on preconstruction and postconstruction compliance reviews.