April 28, 2024 — A federal court has rejected the appeal filed by a group of Nantucket residents aimed at stopping the Vineyard Wind offshore wind energy project southwest of the island.
The group ACK For Whales – formerly known as Nantucket Residents Against Turbines – filed the appeal last September with the First Circuit of the U.S. Court of Appeals, seeking to overturn the May 2023 decision of U.S. District Court judge Indira Talwani, who dismissed the group’s original complaint. ACK For Whales had alleged that the federal agencies that permitted the Vineyard Wind project violated the Endangered Species Act by concluding that the project’s construction likely would not jeopardize the critically endangered North Atlantic right whale. The group also asserted that the Bureau of Ocean Energy Management had violated the National Environmental Policy Act by relying on a “flawed analysis” from the National Marine Fisheries Service.
But on Wednesday, three U.S. Court of Appeals judges rejected those allegations and affirmed the ruling of the U.S. District Court which had previously dismissed ACK For Whale’s complaint.
“NMFS and BOEM followed the law in analyzing the right whale’s current status and environmental baseline, the likely effects of the Vineyard Wind project on the right whale, and the efficacy of measures to mitigate those effects,” wrote judges William Kayatta, Sandra Lynch, and Gustavo Gelpí wrote in their decision. “Moreover, the agencies’ analyses rationally support their conclusion that Vineyard Wind will not likely jeopardize the continued existence of the right whale. We therefore affirm the judgment of the district court.”