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East Coast Fishing Coalition Continues Legal Challenge to Planned Wind Farm Off New York

WASHINGTON — December 1, 2017 — The following was released by the Fisheries Survival Fund:

A coalition of East Coast fishing businesses, organizations, and communities, led by the Fisheries Survival Fund (FSF), has taken the next step in its legal challenge to a planned wind farm off the coast of New York. FSF and its co-plaintiffs argue that the Bureau of Ocean Energy Management (BOEM) awarded the lease for the New York Wind Energy Area (NY WEA) to Norwegian energy company Statoil without fully considering the impact on fishermen and other stakeholders, in neglect of its responsibilities as stewards of ocean resources.

The plaintiffs outlined their arguments in a brief filed Tuesday in the United States District Court for the District of Columbia. In the brief, FSF criticizes BOEM’s claim that it is not the agency’s job to resolve conflicts among new and pre-existing ocean users in the NY WEA. In an October filing, BOEM wrote that it is “not the ‘government steward of the ‘ocean commons,’’” a claim that FSF calls “unbecoming.” In fact, BOEM’s own website states: “The bureau is responsible for stewardship of U.S. [Outer Continental Shelf] energy and mineral resources, as well as protecting the environment that development of those resources may impact.”

FSF also writes that the NY WEA, an expanse of ocean nearly twice the size of Washington, D.C., is a poor location for a wind farm, and that BOEM and Statoil have alternately claimed that it is both too early and too late to raise objections to the lease. Statoil previously stated that vacating the lease would “squander the resources and the five years that BOEM has expended to date in the leasing process,” even as BOEM promises it will consider measures to mitigate the impacts of a wind farm later in the process. By then, after more time and resources have been expended, a wind farm “will be all but a foregone conclusion,” FSF writes.

Additionally, FSF argues that evaluating alternatives and considering conflicting ocean uses from the start would ultimately benefit BOEM and energy developers, ensuring they do not expend vast resources developing poorly located wind farms. The brief cites the ongoing debacle over the Cape Wind energy project, an approved wind farm off Cape Cod, Massachusetts, as an example of what can go wrong when BOEM and a developer ram through an agreement and become too invested to turn back. After the project “slogged through state and federal courts and agencies for more than a decade,” delays and uncertainty have jeopardized, if not eliminated, Cape Wind’s financing and power purchase agreements, according to the brief.

The plaintiffs in this case are the Fisheries Survival Fund; the Borough of Barnegat Light, New Jersey; The Town Dock; Seafreeze Shoreside; Sea Fresh USA; Rhode Island Fishermen’s Alliance; Garden State Seafood Association; Long Island Commercial Fishing Association; the Town of Narragansett, Rhode Island; the Narragansett Chamber of Commerce; the City of New Bedford, Massachusetts; and the Fishermen’s Dock Co-Operative of Point Pleasant, New Jersey.

While the fishing groups hold wide-ranging views about offshore wind energy development, they all agree that the siting process for massive wind energy projects “should not be a land rush, but rather reasoned, fully informed, intelligent, and cognizant of the human environment,” according to the brief.

About the Fisheries Survival Fund
The Fisheries Survival Fund (FSF) was established in 1998 to ensure the long-term sustainability of the Atlantic sea scallop fishery. FSF participants include the vast majority of full-time Atlantic scallop fishermen from Maine to Virginia. FSF works with academic institutions and independent scientific experts to foster cooperative research and to help sustain this fully rebuilt fishery. FSF also works with the federal government to ensure that the fishery is responsibly managed.

Appeal filed objecting to continued lease of Sound to Cape Wind

November 30, 2017 — The Martha’s Vineyard Chamber of Commerce and the Wampanoag Tribe of Gay Head (Aquinnah) are among those who have appealed a federal decision that reaffirmed Cape Wind’s long-term lease on 46 miles of Nantucket Sound, according to a press release.

The lease was reaffirmed in September despite the objections of dozens of stakeholders, including state and local leaders, the Aquinnah tribe, and the Steamship Authority, who all wrote letters to the U.S. Department of the Interior’s Bureau of Ocean Energy Management objecting to the ongoing lease. Cape Wind had proposed 130 wind turbines for Nantucket Sound, but the project has been stalled by legal challenges, and utilities have walked away from power purchase plans.

Read the full story at the Martha’s Vineyard Times

 

Fishing Groups and Communities Move Forward with Suit Against NY Wind Farm

WASHINGTON — September 19, 2017 — The following was released by the Fisheries Survival Fund:

A group of fishing organizations, businesses, and communities, led by the Fisheries Survival Fund (FSF), has moved forward with its lawsuit to halt the leasing of a planned wind farm off the coast of New York. The suit, filed against the Department of the Interior’s Bureau of Ocean Energy Management (BOEM), is seeking summary judgment and requesting the court to invalidate the lease, which was awarded to the Norwegian firm Statoil to develop the New York Wind Energy Area (NY WEA).

BOEM’s process for awarding the lease failed to properly consider the planned wind farm’s impact on area fish populations and habitats, shoreside communities, safety, and navigation. This violates the National Environmental Policy Act (NEPA), which requires an assessment of these impacts before issuing the lease, in conjunction with a full Environmental Impact Statement and an evaluation of alternative locations for any proposal.

BOEM’s failure to consider the impacts to fisheries, safety, navigation and other natural resources in the NY WEA prior to moving forward with the leasing process also violates the Outer Continental Shelf Lands Act (OCSLA), which charges BOEM with considering and providing for existing ocean users. And BOEM’s actions violate the Administrative Procedure Act, which prohibits agencies from acting in ways that are arbitrary, capricious, and contrary to law.

The site for the proposed wind farm includes key scallop, squid, and other Atlantic fishing grounds, as well as ocean habitats that are crucial for species such as loggerhead sea turtles, right whales, black sea bass and summer flounder. Because of how BOEM’s leasing process unfolds, the wind farm’s expected impacts on natural resources and those who rely on them will not be examined until the project is nearing completion.

“The plaintiffs in this case believe sensible wind energy development and fishing can co-exist,” said David Frulla, who is representing FSF and the other plaintiffs in the case. “But any offshore energy project must first meaningfully consider the impact on the habitats, marine species, and economic interests that may be harmed before selecting a wind farm site and issuing a lease to a private developer.”

FSF and the other plaintiffs sought a preliminary injunction against the $42.5 million lease before it was awarded in December 2016. While the judge presiding over the case stated that “the proper time for the agency to consider these environmental impacts may be at the present stage,” the request for a preliminary injunction was denied, as the judge did not believe it met the high standard of causing immediate harm that could not later be undone by a subsequent decision on the lease.

Following the plaintiffs’ filing last week, the federal government and Statoil are due to file their own cross-motions for summary judgment, and responses to the plaintiffs’ brief, in the coming months. The U.S. District Court for the District of Columbia will then make a decision on the merits.

The Fisheries Survival Fund is the lead plaintiff in the case. The organizations and businesses that have joined the suit are the Garden State Seafood Association and the Fishermen’s Dock Co-Operative in New Jersey; the Long Island Commercial Fishing Association in New York; and the Narragansett Chamber of Commerce, Rhode Island Fishermen’s Alliance, SeaFreeze Shoreside, Sea Fresh USA, and The Town Dock in Rhode Island.

Municipalities that have joined the suit are the City of New Bedford, Mass.; the Borough of Barnegat Light, N.J.; and the Town of Narragansett, R.I.

North Carolina submits formal comments in opposition to offshore drilling

August 21, 2017 — Gov. Roy Cooper and the Department of Environmental Quality submitted formal comments yesterday to the U.S. Bureau of Ocean Energy Management to convey North Carolina’s opposition to oil and gas leasing for offshore drilling on North Carolina’s coast.

“Because offshore drilling threatens North Carolina’s critical coastal industries and unique coastal environment with limited benefits for our citizens, it is a bad deal for North Carolina,” Cooper wrote in the letter. “Accordingly, I ask that you respect the wishes of our state and maintain in the new OCS Leasing Plan the current prohibition of oil and gas drilling off North Carolina’s coast.”

Coastal tourism generates $3 billion annually in North Carolina and supports more than 30,000 jobs in the eastern part of the state. Commercial fishing also brings in hundreds of millions of dollars to the state every year.

Read the full story at Island Free Press

Cape May County Chamber Applauds Governor’s Opposition to Offshore Oil Drilling Plan

August 17, 2017 — CAPE MAY, N.J. — The Cape May County Chamber of Commerce applauds the Christie Administration for its statement opposing offshore exploration and development of oil and natural gas resources off the coast of New Jersey or any area of the Atlantic that could adversely affect our pristine coastal communities, fishing estuaries and vibrant tourism economy.

The Cape May County Chamber of Commerce in partnership with Clean Ocean Action and the Jersey Shore Partnership, along with other concerned organizations, encouraged Governor Christie to issue this statement before the Aug. 17 deadline to submit comments to the Bureau of Ocean Energy Management (BOEM).

Read the full story at the Cape May County Herald

Final Supplemental Environmental Impact Statement for the Cape Wind Energy Project

August 7, 2017 — On Friday, the Interior Department’s Bureau of Ocean Energy Management (BOEM) issued its final supplemental environmental impact statement (EIS) on the 468-megawatt Cape Wind project. In July of last year, an appeals court held that the agency should have used better data to determine the conditions of the seafloor for the project before issuing a lease. The final EIS states that the additional data it gathered does not change its prior finding that drilling foundations for the project in the seabed would only temporarily disturb sedimentation, and the overall impacts to water quality would be minor. The Cape Wind project is on hold after it missed a financing deadline, which led National Grid and NStar (now Eversource) to cancel contracts to buy power from it:

BOEM is announcing the availability of the Final Supplemental Environmental Impact Statement (SEIS) for the Cape Wind Energy Project. This supplement to the 2009 Final EIS has been prepared in response to a 2016 remand order of the U.S. Court of Appeals for the District of Columbia Circuit in Public Employees for Environmental Responsibility v. Hopper, 827 F.3d 1077 (D.C. Cir. 2016).

The Final SEIS is available for review on the BOEM website at: https://www.boem.gov/Massachusetts-Cape-Wind/.

In the Final SEIS for the Cape Wind Energy Project, BOEM examines the available geological survey data, including the geotechnical data and reports submitted to BOEM since the 2009 Final EIS, and any other relevant material that relate to the adequacy of the seafloor to support wind turbines in the lease area.

The Final SEIS also includes a summary of all the comments received on the Draft SEIS and BOEM’s responses to those comments.

Fisheries Service Hears Pros, Cons on Atlantic Seismic Surveys

July 27, 2017 — Five oil and gas service companies are awaiting decisions by the National Marine Fisheries Service on their proposals for Atlantic offshore seismic surveys that could harm whales and other marine life.

The service, which can issue authorizations under the Marine Mammal Protection Act, is reviewing a high volume of opposing and supporting public comments that were filed by the July 21 deadline.

The five companies are TGS NOPEC Geophysical Co. ASA, Spectrum ASA, ION Geophysical Corp., CGG S.A. and WesternGeco Ltd., a subsidiary of Schlumberger Ltd. A sixth company, TDI-Brooks International Inc., recently expressed an interest in restarting the application for an authorization after an earlier application was returned to the company as incomplete.

The fisheries service proposed authorizations with a variety of mitigation measures to reduce risks to marine mammals. If the authorizations are granted—with or without additional mitigation steps—the Bureau of Ocean Energy Management will be able to make final decisions on whether to issue one-year permits for the work.

The fisheries service has no deadline for its decisions. BOEM is expected to be able to act quickly if the service gives the green light.

Read the full story at Bloomberg BNA

Every single N.J. lawmaker in D.C. is against Trump on this one

June 13, 2017 — All 14 New Jersey lawmakers in D.C. have asked President Donald Trump‘s administration to reject seismic testing in the Atlantic Ocean, a step that could lead to allowing oil drilling near the Jersey Shore.

“We are deeply concerned about the prospect of seismic testing being conducted within the Atlantic, and the damage such testing could cause to our coastal communities,” the lawmakers wrote in a letter to Donna Wieting, an official with the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service.

The fisheries service proposed earlier this month to support granting five permits for the testing, which involves airgun blasting and can harm marine life, reversing a decision made under President Barack Obama.

The agency said it would seek comments through July 7 before making a final decision on granting the permits for an area from the Delaware-New Jersey border to Florida’s Space Coast.

The delegation asked for public hearings on the permits in New Jersey and the other affected states, as well as 60 days of comments for each of the five applications.

“Coastal communities should have the opportunity to weigh in on these pending permits,” the lawmakers wrote. “Environmental groups should have an official forum to present their research into the harmful effects of seismic testing.”

One of those environmental groups, the New Jersey Sierra Club, welcomed the delegation’s action, calling it a “clear message” to Trump.

“By allowing seismic testing, Trump is actually opening up our coast to offshore drilling,”  director Jeff Tittel said in a statement.

Under the Obama administration, the Bureau of Ocean Energy Management in January said there was no need for the testing because the region had been placed off limits to oil and gas drilling through 2022.

In addition, Obama permanently closed off almost 6,000 square miles of ocean territory from Massachusetts to Virginia, including off New Jersey coast, to drilling.

Read the full story at NJ.com

Offshore wind faces serious legal test

May 15, 2017– OFFSHORE WIND’S BIGGEST HURDLE? Legal action from several cities, fisheries and fishery associations in New England, New York and New Jersey is threatening to delay the growth of the nascent offshore wind industry, Pro’s Esther Whieldon reports. The suit threatens to set back a clean energy industry that has found itself in the new administration’s good graces. Notwithstanding President Donald Trump’s past battles with offshore wind farms and his work to reverse Obama-era climate change policies, his administration has so far supported offshore wind projects. Of more than 14,000 megawatts of offshore wind power installed globally, just 30 megawatts are so far operating in the U.S., but wind developers are eager to grow that number. BOEM is considering additional lease sales in Massachusetts, New York, California, South Carolina and Hawaii.

A loss in the New York case “would likely delay the new American energy revolution by a couple years,” said Collin O’Mara, president and CEO of the National Wildlife Federation, a wind industry supporter. The U.S. District Court for D.C. in February rejected the fisheries’ request to put Statoil’s lease on hold, but a hearing has not been scheduled. Plaintiffs argue BOEM violated the National Environmental Policy Act by failing to adequately consider the effects of granting offshore wind leases on their businesses or to consider alternative sites. “They have offered no off-ramp, no way to avoid litigation in this matter because they never offered a process to discuss location,” Drew Minkiewicz, a partner at the firm Kelley Drye & Warren LLP, tells Esther.

Read the full story at Politico

Zinke Signs Offshore Energy Orders, Protesters March

May 2, 2017 — U.S. Secretary of the Department of the Interior Ryan Zinke signed two secretarial orders relating to offshore energy development at this week’s Offshore Technology Conference (#OTC2017) in Houston.

The first order, Secretarial Order 3550, implements President Donald Trump’s Executive Order signed last Friday and directs the Bureau of Ocean Energy Management (BOEM) to develop a new five-year plan for oil and gas exploration in offshore waters. The order calls for full consideration to be given to leasing the OCS offshore Alaska, mid- and south-Atlantic, and the Gulf of Mexico. It also directs BOEM to work with the Department of Commerce’s National Marine Fisheries Service to expedite authorization requests for seismic surveys, particularly for new or resubmitted permitting applications in the Atlantic to understand the extent of America’s energy potential.

The Secretary’s order directs prompt completion of the Notice to Lessees No. 2016-N01 dated September 12, 2016 and ceases all activities to promulgate the proposed “Offshore Air Quality Control, Reporting, and Compliance Rule.” It also directs BOEM and the Bureau of Safety and Environmental Enforcement (BSEE) to review a host of other rules and report progress within 21 days.

The second, Secretarial Order 3551, establishes a new position – Counselor to the Secretary for Energy Policy – to coordinate the Interior Department’s energy portfolio that spans nine of the Department’s ten bureaus.

Read the full story at The Maritime Executive

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