August 9, 2023 — Another attempt to stop the Vineyard Wind project southwest of Nantucket has failed.
Federal Court Judge Indira Talwani last Friday dismissed a lawsuit filed by Thomas Melone in July of 2021 that attempted to block the Vineyard Wind and its 62 turbines now under construction. It was the second lawsuit challenging the project to be dismissed, with the first one being rejected back in May.
Melone, the president of various solar energy companies, owns a home in Edgartown and accused the National Marine Fisheries Services (NMFS) of violating the Marine Mammal Protection Act (MMPA) and the Administrative Procedure Act (APA) when issuing an Incidental Harassment Authorization (IHA) to Vineyard Wind for its offshore wind energy project.
“Plaintiff’s argument regarding “old data” relies entirely on information that emerged after the IHA was issued,” Talwani says in the memorandum and order filed on August 4. “Plaintiff has not, and cannot, demonstrate that NMFS was unreasonable in failing to consider reports and studies that did not exist at the time the IHA. To the extent Plaintiff complains that NMFS also failed to consider current population data at the time of issuance, that argument is contradicted by the Record. As such, Plaintiff’s argument that NMFS relied on ‘old data’ and that such reliance was arbitrary and capricious fails.”
“Plaintiff has not shown that NMFS acted arbitrarily, capriciously, or otherwise unlawfully,” Talwani continued. “Accordingly, NMFS and Vineyard Wind’s motions for summary judgment are granted and Plaintiff’s motion for summary judgment is denied.”