September 25, 2023 — A group of Nantucket residents has appealed the dismissal of a lawsuit aimed at stopping the Vineyard Wind offshore wind energy project, which is currently under construction in the waters southwest of the island.
The group ACK For Whales – formerly known as Nantucket Residents Against Turbines – filed the appeal Saturday with the First Circuit of the U.S. Court of Appeals and is seeking to overturn the May 2023 decision of U.S. District Court judge Indira Talwani, who dismissed the original complaint.
ACK For Whales believes that the federal agencies involved in permitting the Vineyard Wind project – including the Bureau of Ocean Energy Management, the National Oceanic and Atmospheric Administration, and the National Marine Fisheries Service – failed to properly consider the impacts Vineyard Wind could have on endangered North Atlantic right whales.
Those agencies “failed to utilize the best scientific and commercial data available, and failed to adequately consider a number of important, significant risks to the North Atlantic Right Whales induced by the Project, and incorrectly found that the suite of mitigation measures would adequately obviate North Atlantic Right Whale injury and death,” the group said in its appellant brief.
The failure, ACK For Whales asserted, constitutes a violation of the federal Endangered Species Act.
Vineyard Wind did not immediately return a request for comment on Sunday. The company, owned by Copenhagen Infrastructure Partners and Avangrid Renewables (a subsidiary of the Spanish energy giant Iberdrola), stated earlier this year when the original complaint was dismissed that the review by the federal agencies had been “rigorous and thorough.”