Oct 13 (Reuters) – A U.S. judge has ruled against a federal environmental permit for a $4 billion offshore wind farm near Massachusetts that a commercial fishing group said would harm whales and hurt its business. Dismissed objection to construction approval.
U.S. District Judge Indira Talwani in Boston on Thursday announced the final two lawsuits directly challenging the Vineyard Wind project, which would be the nation’s first commercial-scale offshore wind farm about 15 miles south of Martha’s Vineyard. The federal district court case was dismissed.
Commercial fishing groups, including SeaFreeze Shoreside and the Alliance for Responsible Ocean Development, challenged federal environmental and construction permits for the project in two lawsuits filed in 2021 and 2022. They argued that the construction of 62 turbine farms would exclude fishermen from valuable fishing grounds. and destroy the habitat of North Atlantic right whales.
But Talwani said the Outer Continental Shelf Lands Act allows regulators at the U.S. Bureau of Ocean Energy Management (BOEM) to prioritize the economic concerns of fishermen and the development of ocean renewable energy projects, which are key to federal plans for decarbonization. He said he has discretion to balance this with necessity. US power grid. He argued that fishing organizations had not adequately demonstrated that the profits of their fishing operations could be seriously harmed if whales were injured or harassed during construction, and he did not cite these concerns in the lawsuit. He pointed out that it could not happen.
Talwani also said the U.S. Army Corps of Engineers properly considered alternative routes for the 33.3-mile dredging corridor to connect turbines and other equipment with cables when issuing Clean Water Act permits.
Vineyard Wind spokesman Andrew Doba said in a statement Friday that the company is pleased with the decision and will continue to work with stakeholders to “set the highest possible standards” for the project. He said he would do his best.
Representatives for the plaintiffs and the Army Corps did not immediately respond to requests for comment Friday. The Interior Ministry, which oversees BOEM, declined to comment.
The Vineyard Wind project is owned by Avangrid (AGR.N), part of Spain’s Iberdrola (IBE.MC), and Danish green energy investment company Copenhagen Infrastructure Partners. Once completed, it will generate 800 megawatts of electricity, enough to power more than 400,000 homes, and has been hailed by the Biden administration as a major step toward combating climate change.
The project is currently under construction and is expected to be fully operational next year.
Talwani announced earlier this year that federal regulators found no violations of the Endangered Species Act, Marine Mammal Protection Act or National Environmental Policy Act when reviewing the project, and two others seeking federal approval. The lawsuit was dismissed.
These decisions are currently being appealed to the United States Court of Appeals for the First Circuit.
The case is Seafreeze Shoreside Inc. v. U.S. Department of the Interior and Alliance for Responsible Offshore Development v. U.S. Department of the Interior, case numbers 1:22-cv-11091 and 1:22, in the United States District Court for the District of Massachusetts. -cv-11172.
For the Sea Freeze Fishing Group plaintiffs: Ted Hadji Antich and Connor Miguel of the Texas Public Policy Foundation
For the Responsible Offshore Development Alliance: Ira Zaleznik of Lawson & Weitzen, Roger Marzulla and Nancie Marzulla of Marzulla Law.
For the U.S. Department of the Interior: Luther Hajek, Mark Brown, and Perry Rosen of the U.S. Department of Justice.
For developers: David Buente, Jack Pirozzolo, and Peter Whitfield from Sidley Austin.
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