July 1, 2019 — Fishermen and the city of New Bedford are facing an uphill battle in their fight against a New York offshore wind location after losing a lawsuit in September.
Attorney David Frulla, who represents the Fisheries Survival Fund and other plaintiffs in the case, said he was disappointed at the court decision but has not given up.
“I just don’t think the judge understood that these leases aren’t theoretical, that they actually confer rights,” he said.
The Fisheries Survival Fund is leading a dozen plaintiffs. They sued the Bureau of Ocean Energy Management in 2016, saying the agency had not done enough to seek alternatives to important fishing grounds.
United States District Judge Tanya S. Chutkan in September granted the federal government’s motion for summary judgment, meaning she believed they made their case as a matter of law, without a trial.
The plaintiffs filed a motion to amend the decision, which is still pending.
Mayor Jon Mitchell said Friday that the city shares the disappointment of the other plaintiffs but believes there are strong grounds for the judge to reconsider.
“The decisions made by federal agencies about what happens in New York waters have major implications for New Bedford fishermen, so we have no choice but to fight when we believe our interests are not being taken into account,” he said.