Saving Seafood

Feds Push for Partial Dismissal in Ocean City’s U.S. Wind Lawsuit

April 11, 2025 — The federal government has asked a U.S. District Court Judge to partially dismiss a lawsuit against the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM), citing a similar offshore wind lawsuit in Rhode Island.

Ocean City and numerous co-plaintiffs first filed their lawsuit against the federal government in October of 2024 over the approval of offshore wind company U.S. Wind’s plans for wind turbines off of Delmarva’s coast. The lawsuit claimed U.S. Wind’s plans and the government’s approval, issued under the Biden Administration, were not in compliance with numerous federal agency rules and regulations.

On January 17, 2025, the federal government filed a motion of partial dismissal in the United States District Court for the District of Maryland, according to court records. Specifically, the government argued that two of Ocean City’s claims against them were null. First was the allegation that BOEM violated the Migratory Bird Treaty Act (MBTA) and the second that BOEM violated the Coastal Zone Management Act (CZMA) in its approval of U.S. Wind’s proposed project.

Granting approval for a third-party project (like U.S. Wind’s) that could hypothetically violate those acts in the future did not constitute actual or present violations by the government, the U.S. Department of Justice (DOJ) argued.

Read the full article at WBOC

Nantucket files legal challenge against SouthCoast Wind

March 31, 2025 — An offshore wind development planned off the Vineyard’s coast has been hit with a legal challenge from the Town of Nantucket, where municipal officials are saying federal regulators failed to address the adverse impacts of the project to the town.

Targeting SouthCoast Wind, the town filed an appeal against the Bureau of Ocean Energy Management, the federal agency that approves offshore wind projects, on Thursday to the U.S. District Court for the District of Columbia. The town argues that federal regulators broke federal laws by not considering the cumulative impact of multiple large offshore wind projects, including SouthCoast Wind, on Nantucket, which is designated as a national historic landmark. They also allege federal regulators and developers did not properly plan mitigation efforts, including “adequate visual simulations.”

“BOEM’s conduct sets a dangerous precedent by weakening the federal government’s review of all energy-related projects, including fossil fuel projects that contribute most to global warming,” William Cooke, an attorney from Cultural Heritage Partners representing Nantucket, said in a press release. “We need to defend federal laws that protect our cultural and environmental resources now more than ever.”

Read the full article at MV Times

Federal judge blocks offshore lease sale, says feds failed to consider impacts on Rice’s whales

March 31, 2025 — A federal judge on Thursday blocked an oil and gas lease sale in Gulf waters off the coast of Louisiana, finding that a federal agency didn’t adequately take into account how new offshore drilling would impact the highly endangered Rice’s whale.

The ruling from Judge Amit Mehta in the U.S. District court for the District of Columbia will require the Bureau of Ocean and Energy Management, which oversees the sale of oil and gas leases in federal waters, to conduct additional environmental reviews before the lease sale proceeds. The current lease sale is not canceled, but will be subject to additional environmental review.

The court also ruled that BOEM did not fully take into account the impact of greenhouse gas emissions that would result from the new oil and gas operations in the Gulf of Mexico, also referred to as the Gulf of America after President Donald Trump moved to rename it via executive order.

“BOEM acted arbitrarily by failing to address the National Marine Fisheries Service’s (NMFS’s) determination that the whale’s habitat range extends into the western and central Gulf,” Mehta wrote in his ruling.

Read the full article at NOLA

Nantucket challenges federal approval of SouthCoast offshore wind project

March 31, 2025 — The town of Nantucket filed an appeal in federal court Thursday, alleging that the SouthCoast Wind project was improperly permitted and will harm the island’s “heritage tourism economy.”

The appeal was filed in U.S. District Court for the District of Columbia. The plaintiffs are targeting the Bureau of Ocean Energy Management (BOEM), claiming it violated federal law by permitting the project.

“While BOEM has admitted that the project will adversely affect Nantucket’s internationally renowned historic district, which powers the Town’s heritage tourism economy, Nantucket alleges that BOEM violated federal law in failing to address those harms before greenlighting the project,” the town said Thursday.

In January, on the last business day of the Biden administration, BOEM announced its approval of SouthCoast Wind’s construction and operations plan. The project is planned about 20 nautical miles south of Nantucket, and includes the construction of up to 141 wind turbines and up to five substation platforms.

Last September, Massachusetts announced its intention to buy 1,087 megawatts of power from the 1,287 megawatt project, with the remaining 200 MW going to Rhode Island.

“Nantucket is a premier international destination for our commitment to preservation,” Town Select Board Chair Brooke Mohr said. “Despite our repeated attempts to help BOEM and the developer find balance between the nation’s renewable energy goals and the protection of what makes us unique, they have refused to work with us and to follow the law. We are taking action to hold them accountable.”

Read the full article at the wbur

MASSACHUSETTS: Offshore wind execs, No plans to come ashore in Westport

February 25, 2025 — Vineyard Offshore’s Rick Musiol cut right to the chase when he and a colleague stepped before the microphone Thursday afternoon to bring Westporters up to speed on a project that many fear could see high-current electric cables come ashore at Horseneck Beach, laid along the bottom of the Westport River, and finally trenched up Route 88 to points north:

“Our intent is to land our project in New London County, Connecticut,” said Musiol, the director of external affairs and community engagement for Vineyard Offshore, which is working to develop the Vineyard Wind II project off the coast of Nantucket.

His colleague, Carrie Hitt, was just as direct:

“We have no indication that we would go anywhere but New London at this point,” she said.

For more than a year, many Westporters have feared that Vineyard Offshore, which is currently building Vineyard Wind I off Martha’s Vineyard and is in the planning stages of Vineyard Wind II, would choose Westport as its preferred landing site for the 1.2 gigawatts of power the wind farm would eventually generate.

There has been good reason for that concern, as a Vineyard Offshore plan on file with the federal Bureau of Ocean Energy Management (BOEM) lists Westport alongside New London as a potential landing point for that power.

Read the full article at East Bay RI

BOEM’s compensation framework for fishermen ‘ensures consistency’ but not legally binding

January 22, 2025 — The lead government regulator on offshore wind issued a long-awaited federal framework this week to guide wind developers on how they should mitigate impacts and compensate the fishing industry for any loss incurred due to the turbine arrays.

It includes recommendations on claims processes, fisheries communication programs, and cable burial, and an appendix of complex formulas to calculate compensation — much of what developers have already been doing, albeit in varying ways.

The document is not legally binding, and has been in the works for several years, with the Bureau of Ocean Energy Management issuing draft guidelines in 2022. BOEM states its new guidance “ensures consistency and promotes fair treatment of fishermen, regardless of their home or landing port.”

“This guidance focuses on transparency and early engagement with fishing communities, and effective strategies to mitigate potential disruptions,” said Brian Hooker, a BOEM lead biologist who led much of the effort. “Through this initiative, BOEM is working to decrease the impacts of offshore wind projects on commercial and recreational fisheries, and ensure fair treatment for all fishermen.”

Read the full article at The New Bedford Light

Biden Administration approves SouthCoast Wind construction plan

January 21, 2025 — On the last business day of the Biden administration, a federal agency announced its approval of the construction and operations plan for SouthCoast Wind, a big offshore wind project that Massachusetts is counting on.

“We are proud to announce BOEM’s final approval of the SouthCoast Wind project, the nation’s eleventh commercial-scale offshore wind energy project, which will power more than 840,000 homes,” U.S. Bureau of Ocean Energy Management Director Elizabeth Klein said in a Friday statement.

“We are proud to announce BOEM’s final approval of the SouthCoast Wind project, the nation’s eleventh commercial-scale offshore wind energy project, which will power more than 840,000 homes,” U.S. Bureau of Ocean Energy Management Director Elizabeth Klein said in a Friday statement.

Read the full article at the New Bedford Light

Feds lift Vineyard Wind suspension order; dozens of faulty blades to be removed

January 21, 2025 — Vineyard Wind’s suspension on installing the rest of its wind farm southwest of Nantucket was lifted by the federal government Friday.

The Bureau of Safety and Environmental Enforcement lifted the suspension after agreeing to an addendum of Vineyard Wind’s construction and operations plan Friday, originally submitted last month, “based on revisions Vineyard Wind made to its construction and operations plan,” a BSEE spokesperson said Sunday.

Read the full article at Mass Live

BOEM Finalizes Fisheries Mitigation Guidance

January 16, 2025 — The Bureau of Ocean Energy Management (BOEM) has finalized guidance aimed at mitigating the impacts of offshore wind energy projects on commercial and for-hire recreational fisheries. BOEM’s final guidance provides a national framework for addressing social and economic impacts on the fishing industry affected by offshore wind development.

This comprehensive final guidance, informed by extensive public input, establishes clear processes for the offshore wind industry to address potential disruptions to fisheries. It ensures consistency and promotes fair treatment of fishermen, regardless of their home or landing port.

BOEM initiated the guidance development process in late 2021 by issuing a Request for Information and opening up a 45-day public comment period. Using input provided during that comment period, BOEM then published draft guidance in June 2022 and opened another 60-day comment period. From late 2021 through August 2022, BOEM held seven workshops to engage stakeholders and gather input. Public participation was extensive, with nearly 200 oral and written comments submitted.

Read the full article at BOEM

BOEM Begins Environmental Review of Proposed Vineyard Mid-Atlantic Offshore Wind Energy Project

January 14, 2025 — Today, the Bureau of Ocean Energy Management (BOEM) announced it will initiate an environmental review of Vineyard Mid-Atlantic’s proposed offshore wind energy project, located in the federal waters offshore New York and New Jersey.

The Vineyard Mid-Atlantic Offshore Wind project is in one of the six lease areas within the New York Bight Wind Energy Area, and as proposed would generate over 2,000 megawatts of electricity from up to 117 wind turbines, enough to power more than 700,000 homes. The proposal includes up to two potential export cable corridors that would make landfall at Rockaway Beach, Atlantic Beach, or Jones Beach, New York.

On January 15, BOEM will publish a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) for the Construction and Operations Plan (COP) submitted by Vineyard Mid-Atlantic, LLC. This is the 14th COP review initiated under the Biden-Harris administration.

“Our environmental reviews are essential for helping us identify, evaluate, and address the possible impacts of our renewable energy efforts on other uses of the offshore environment and marine ecosystems,” said Bureau of Ocean Energy Management Director Elizabeth Klein. “Continued engagement with Tribes, local communities, ocean users, and others is critical for ensuring future decisions are well-informed.”

The 43,056-acre lease area is located in federal waters approximately, 20 miles offshore New York and 36 miles offshore New Jersey. See BOEM’s website for a map of the lease area.

Read the full article at BOEM