A Massachusetts federal judge has ‘resoundingly upheld’ federal approvals for the Vineyard Wind 1 offshore windfarm in the US, which is currently under construction off the coast of Martha’s Vineyard
The ruling was issued by Judge Talwani of the US District Court of Massachusetts. Her opinion denied claims that challenged approvals granted to Vineyard Wind 1.
The challenges were made by Nantucket Residents Against Turbines, who contended that decisions approving the offshore wind project were based on inadequate environmental assessments in violation of the National Environmental Policy Act (NEPA) and the Administrative Procedure Act.
The judge ruled that the National Marine Fisheries Service (NMFS) biological opinion and the Bureau of Ocean Energy Management’s (BOEM’s) final environmental impact statement adequately considered the project’s impacts on the environment.
Other cases remain pending against the Vineyard and another offshore windfarm, the South Fork project that is being developed by Ørsted and Eversource.
Responding to the ruling, the American Clean Power Association (ACP) applauded the judge for her ruling.
ACP vice president of offshore wind Josh Kaplowitz said, “The District Court held that the BOEM and NMFS fully complied with the Endangered Species Act and NEPA in approving what is about to become the largest offshore windfarm in the US.
“This opinion validates what we’ve been saying all along – the environmental review process for offshore wind projects is rigorous and effective at ensuring that these projects are built in an environmentally responsible manner. The federal government did its job, and they did it well.”
The District Court agreed with BOEM and NMFS that the best available science was considered in protecting the endangered North Atlantic Right Whale and approving the project with an extensive suite of mitigation measures to reduce risk to the species.
The court rejected all of the plaintiffs’ claims that the federal agencies had failed to analyse certain studies and data relating to the whale.
“We know that offshore windfarms can be built and operated in a way that protects marine ecosystems,” said Mr Kaplowitz. “Now it’s time to get steel in the water and start reaping the significant benefits that offshore wind affords, reducing greenhouse gas emissions, powering millions of homes with secure and reliable domestic energy, revitalizing our maritime and manufacturing sectors, and creating tens of thousands of good-paying American jobs.”
The District Court is expected to issue opinions in the coming weeks regarding two other challenges to the Vineyard Wind project. However, the ACP believes that this opinion bodes well for the ability of the offshore wind industry to stand up to legal challenges from opponents of clean energy.
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