Saving Seafood

Cape May fishermen at center of major U.S. Supreme Court case

January 21, 2024 — The U.S. Supreme Court is weighing what could be one of the most important decisions it makes this term: whether to uphold a 1984 legal precedent known as Chevron, which states that federal courts must defer to regulatory agencies when a law is ambiguous.

But a lawsuit filed by three commercial fishermen at the Jersey Shore could sink Chevron.

Environmentalists fear that would greatly curtail the power of federal regulators such as the Environmental Protection Agency, as well as a broader spectrum of agencies handling public health and safety.

In short, the fishermen are objecting to a regulation that requires them to pay observers to ensure their vessels comply with federal regulation while at sea. Cape May-based commercial fishing operations, run by Bill Bright, Wayne Reichle, and Stefan Axelsson, filed a suit, Loper Bright Enterprises v. Raimondo, which is backed by conservative groups seeking to overturn Chevron.

Read the full article at The Philadelphia Inquirer 

Bureaucrats threatened to sink my fishing business. Supreme Court can keep others afloat.

January 17, 2024 — I’ve spent eight years fighting the federal government to protect my livelihood. I’ve even filed a lawsuit in federal court. Now, the Supreme Court is set to hear a case like mine on Wednesday, Loper Bright Enterprises v. Raimondo.

The stakes are much higher than just protecting fishermen like me. This is a chance to restore representative democracy, real accountability and the constitutional system that protects every American’s liberty.

This case is about family-owned herring fishing companies in New Jersey. They’ve been forced by unelected federal bureaucrats to pay for monitors who ride on their boats and look out for illegal fishing activities. Following the law is a good thing, but the government should pay for its own monitors. Federal law never required the fishermen to cover this cost, and they can’t afford the $700 to $900 daily fee. It’s going to run them out of business.

Read the full article at USA Today

Supreme Court hears fishermen’s challenge that could upend agency powers

January 18, 2024 — Arguing on behalf of commercial fishermen from New Jersey and Rhode Island, lawyers with conservative legal activist groups made their case before the U.S. Supreme Court Wednesday for reversing a 40-year precedent, and sharply cutting back the regulatory powers of federal agencies.

During a three and a half-hour hearing, the court’s conservative majority appeared skeptical of the government’s arguments in two related cases – dubbed Relentless v. Department of Commerce and Loper Bright v. Department of Commerce – brought on behalf of herring fishermen in Rhode Island and Cape May, N.J.

The fishermen challenged a National Marine Fisheries Service rule that required them to carry onboard observers to monitor fishing, and pay costs for the observers contracted by NMFS, at up to $700 a day.

The cases hinge on the so-called “Chevron deference,” a landmark ruling in federal administrative law dating back to a 1984 dispute between the oil giant and environmental activists of the Natural Resources Defense Council. In that Supreme Court decision, justices ruled that the courts should “defer” to executive agencies’  reasonable interpretations of federal statutes.

Read the full article at the National Fisherman

 

Rutgers Researchers Observe Unusual Ocean Conditions

January 10, 2024 — Two Rutgers University scientists recently discussed the possible implications of their findings last summer of low dissolved oxygen and pH off the New Jersey coast, which concurred with numerous reported mortalities of fish, lobsters and crabs.

Grace Saba and Josh Kohut work within Rutgers’s Center for Ocean Observing Leadership, in the Department of Marine and Coastal Sciences. The center, as the university notes, maintains the world’s most advanced coastal ocean observatory, with platforms consisting of satellite imagery, a radar network for surface current mapping and waves, and a fleet of long-duration autonomous underwater vehicles, called gliders, equipped with physical, chemical and biological sensors.

Saba, an associate professor, and Kohut, a professor, employed gliders to map ocean water quality measures along the coast, surface to bottom, from late April to late September 2023. As they explained, “From August through September, much of the bottom water sampled from Sandy Hook south to Tuckerton, and from nearshore to deeper depths, exhibited dissolved oxygen concentrations less than 5 mg/liter and pH values less than 7.75.

“Coast-wide, hypoxic levels of dissolved oxygen (concentrations of less than 3 mg/liter) were observed at shallower, more inshore locations. In addition to low pH measured in bottom waters, which is indicative of ocean acidification, aragonite saturation state – a relevant metric for biological impacts of ocean acidification – was calculated to be less than 1 in several locations. Normal, more optimal levels in seawater typically include dissolved oxygen concentrations of more than 7 mg/liter, pH of 8.1, and aragonite saturation states of more than 3.”

Read the full article at the Sand Paper

NEW JERSEY: Complaint against offshore wind developer Atlantic Shores dismissed by NJ utilities board

December 26, 2023 — An anti-offshore wind organization suffered a loss Wednesday when a state agency dismissed its petition to open a hearing that would have affected the income of Atlantic Shores Offshore Wind, a 1.5-gigawatt project that will be built off Long Beach Island.

The organization Save Long Beach Island Inc., or Save LBI, petitioned the state Board of Public Utilities for a hearing, saying the board should decrease the value of Atlantic Shores’ Offshore Wind Renewable Energy Certificates, better known as ORECs.

Renewable energy certificates, including those for offshore wind projects, determine how much electricity customers pay for renewable energy and are issued for each megawatt-hour of electricity generated for the power grid. The prices are calculated through the costs of equipment, construction and operational costs, project revenue, tax incentives, grants and other subsidies and expenses for a project.

In August, Save LBI filed a petition for a hearing from the Board of Public Utilities and argued Atlantic Shores’ OREC prices were too high. The organization said in its filing that the OREC calculation did not include impacts on local tourism and commercial fisheries, miscalculated the social cost of carbon, and “misrepresent(ed) statewide impacts.”

“They’re simply not calculating these benefits and costs correctly,” said Bob Stern, president of Save LBI.

Read the full article at app.

Wind farm off New Jersey likely to ‘adversely affect’ but not kill whales, feds say

December 19, 2023 — The lone remaining offshore wind project in New Jersey with preliminary approval is likely to “adversely affect” whales and other marine mammals, but its construction, operation and eventual dismantling will not seriously harm or kill them, a federal scientific agency said.

In a biological opinion issued Monday night, the National Oceanic and Atmospheric Administration said the Atlantic Shores project, to be built off the state’s southern coast, is not likely to jeopardize the continued existence of any species of endangered whales, sea turtles, or fish.

Nor is it anticipated to destroy or adversely modify any designated critical habitat, the agency said.

Jennifer Daniels, the company’s development director, called NOAA’s decision “the next step forward” for the project.

It’s “a testament to the five years and 40-plus environmental assessments completed to ensure we are delivering safe, reliable, renewable power in a way that prioritizes responsible ocean development,” Daniels wrote.

Read the full article at the Associated Press

New Jersey Plans to Restart Offshore Wind in 2024 After “Bump in the Road”

December 4, 2023 — The Governor of New Jersey is looking to restart his state’s offshore wind programs reiterating that they remain committed to offshore wind as a key component of the state’s renewable energy program. The state said the governor’s action reaffirmed its overall commitment to achieving 100 percent clean energy by 2035 and developing the economy by building the industry and its supporting supply chain.

The New Jersey Board of Public Utilities (NJBPU) was directed by the governor to accelerate the timeline of the state’s fourth offshore wind solicitation. Originally scheduled for the summer of 2024, Governor Phil Murphy on November 29 directed NJBPU to launch the next offshore wind solicitation in early 2024. However, the state does not expect to announce the awards in early 2025 for projects that will not be operational till 2032.

“I have directed the BPU to take this action in recognition of the strong future of New Jersey’s offshore wind industry,” said Governor Murphy. “New Jersey can – and will – continue to remain a burgeoning offshore wind development hub that attracts new projects and their accompanying economic and environmental benefits for generations to come.”

Read the full story at The Maritime Executive

The ocean is a noisy place for sea life. What 2 years of listening tells us about offshore wind.

November 30, 2023 — The ocean can be a loud place — and that’s partly because of boats.

Fishing trawlers traverse the open water for their seasonal catch. Massive cargo ships travel to the ports with a boundless assortment of goods. And take your pick of recreational boats, from lumbering passenger cruises to high-speed motorboats.

Additional noise is expected from vessels building offshore wind farms up and down the Atlantic Coast from Maine to Virginia, as the budding industry seeks to reach a bevy of clean energy goals.

Read the full article at NJ.com

‘Maybe we were too optimistic’: Ørsted executive talks about offshore wind struggles

November 28, 2023 — It has been a hard year for Ørsted. High interest rates and supply chain bottlenecks have rocked the world’s largest offshore wind developer.

Earlier this month, Ørsted wrote down the value of its U.S. portfolio by $4 billion after canceling two projects off New Jersey. The company’s stock price has lost more than half its value since the start of the year, and it recently announced a reshuffling of its management team, with the departure of the company’s chief financial officer and chief operations officer.

David Hardy is one executive who has weathered the storm. He has led the Danish-based company’s operations in the U.S. since 2020. Hardy sat down for an interview Monday with E&E News at a critical time for the company.

Ørsted is preparing to submit a new bid for Sunrise Wind in New York after regulators there rejected the company’s request to charge consumers more for the 924-megawatt project’s electricity. In New Jersey, the company is bracing for a fight over $300 million in performance guarantees related to its Ocean Wind I project. And its partner, Eversource Energy, is looking to sell its stake in three offshore wind projects.

If that wasn’t enough, Ørsted has also been in talks with the White House over implementation of the Inflation Reduction Act. Hardy has called on the administration to revise its rules governing a domestic content bonus in a bid to make it easier for offshore wind developers to qualify for tax credits.

Last week, Ørsted announced the installation of the first turbine for South Fork Wind, a 132-MW project serving New York. Hardy said it could begin generating power by the end of this week. Ørsted has also begun work for Revolution Wind, a 704-MW project serving Connecticut and Rhode Island.

The conversation has been lightly edited for clarity.

It’s obviously been a difficult year. What lessons do you take from South Fork and Revolution moving forward — not just for Ørsted but for offshore wind in the U.S.?

Well, first off, these to me are bright spots in the industry right now. It’s easy to kind of be focused on the negatives. But here’s two projects that are in construction and moving along and, between the two of them, are over 800 megawatts of offshore wind, which will be powering over 400,000 homes in New England and New York with clean power. They’re also projects that are the foundation for the supply chain, the foundation for the operation and maintenance hub, the foundation for current and future union jobs, and all kinds of other things that the industry promised. And so I think our perseverance and commitment to getting these projects built says a lot. They’re still not amazing financial return projects, but we’ve been able to work through all the challenges in the industry … to take a positive final investment decision and progress these projects.

Read the full article at E&E News

Cape May County continuing federal offshore wind suit despite Ørsted backout

November 27, 2023 — Cape May County will continue challenging permitting for offshore wind development in New Jersey despite one company abandoning its plans to build wind turbines along the coast.

Michael Donohue, who represents the county in offshore wind matters, said the decision to not rescind its lawsuit was made because Ørsted has said in statements another company could take on the leases for the projects.

“It is clear that Ørsted has abandoned the development of Ocean Wind 1 and Ocean Wind 2, but it is also clear that they believe that they can sell their lease and their state and federal permits,” said Donohue. “For Ørsted to break every promise it made to multiple New Jersey communities, to break all the promises it made to trade unions in South Jersey, to break all of its contractual obligations with New Jersey agencies and then believe that it is entitled to profit from its lease and permits is the height of arrogance. The County of Cape May intends to challenge this proposition in federal and state court moving forward in connection with the litigation already underway.”

Read the full article at The Press of Atlantic City