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Offshore Wind Turbines Blamed For Killing Family Of Whales

May 23, 2017 — Marine environmental experts blame offshore wind turbines for the deaths of three minke whales that washed up on British beaches, The Times reported Monday.

Wildlife experts claim that the noise generated by wind turbines affected the sonar that whales use to navigate, causing them to beach themselves. There are several commercial offshore wind farms close to where the whales beached themselves.

“My personal opinion is that it could be a consequence of wind farms and the amount of sand in the water,” John Cresswell, chairman of the Felixstowe Volunteer Coast Patrol Rescue Service, told The Times. “If you stop the boat off the coast you can feel the vibrations and hear the noise.”

The U.K. coastguard received reports of a minke whale calf that had become separated from its mother Friday evening. By the next afternoon, it had been found dead at the mouth of the River Ore, and its mother washed up near Felixstowe. On Sunday, another dead adult whale surfaced, indicating that an entire family could have been killed.

“There are studies that show that the sounds created by the operational noise of the turbines create vibrations under that may in fact disorient marine mammals like whales,” Bonnie Brady, director of the Long Island Commercial Fishing Association who regularly discusses the impacts of noise on marine mammals, told The Daily Caller News Foundation. “In the case of what looks like this mother and calf, they go on the wrong path and end up disoriented then beaching themselves. The sound kills.”

Read the full story at The Daily Caller

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

NEW YORK: Fishermen Skeptical as Wind Fans Rejoice

March 20, 2017 — More than 150 people crowded into Clinton Academy in East Hampton last Thursday for a look at the future of electricity generation, as representatives of Deepwater Wind, a Rhode Island company, presented its recently approved plan to construct a wind farm 30 miles offshore.

Those in attendance, including officials in East Hampton Town and Village government, were generally enthusiastic about the project. However, members of the commercial fishing industry, some of whom were at the meeting, continue to criticize the plan, fearing its impact on their livelihood and accusing both Deepwater Wind and local and state governments of ignoring their concerns.

Upon its anticipated completion in December 2022, the South Fork Wind Farm is expected to provide 90 megawatts of electricity to the South Fork, where demand is projected to continue to increase sharply. The installation, up to 15 turbines placed in federally leased waters, is expected to produce energy sufficient to power more than 50,000 residences.

The Long Island Power Authority authorized its chief executive to sign a 20-year contract with Deepwater Wind to buy the energy generated by the wind farm in January. The agreement includes a five-year extension option.

On Thursday, Deepwater Wind officials including Jeffrey Grybowski, the chief executive officer, and Clint Plummer, its vice president of development, said that a cable connecting the wind farm to the Long Island Power Authority substation on Buell Lane in East Hampton would likely make land either at the defunct fish factory at Promised Land or the parking lot at Fresh Pond Beach, both on Gardiner’s Bay. The cable would be buried beneath existing roads to the substation, they said. Onshore surveys of the proposed route are to begin in the spring.

A power purchase agreement with LIPA will be finalized this year, the Deepwater officials said, and permit applications will be submitted to state and federal agencies in 2018.

Read the full story at the East Hampton Star

NEW YORK: With new interest in offshore wind, state agency re-calibrates strategy

March 17, 2017 — As a new proposal for an offshore wind project looks likely to trigger a federal auction for development rights, a state agency that was willing to spend big in a previous auction is rethinking its strategy.

German-based PNE has submitted plans for a 400 megawatt offshore wind farm off the coast of Fire Island. The project, submitted to the U.S. Bureau of Ocean Energy Management, would put as many as 50 turbines in the 40,000 acre area.

That’s likely to spark competitive bidding on the area, said Alliance for Clean Energy’s Anne Reynolds, and could move offshore wind along more quickly in New York.

But the New York State Energy and Research Development Authority may not be one of the bidders. The agency said in a statement it “may, but does not expect to” participate in future bidding.

“NYSERDA is executing a strategy to create competition for offtake agreements for areas that meet our standards and provide the best path to cost effectiveness for New York State consumers,” the agency said . “We look forward to working with any successful winning bidder to help us achieve these goals.”

Read the full story at Politico

New York wind energy challenge stalls in federal court

February 16, 2017 — A federal judge has denied a bid by commercial fishermen to stop the lease of the nearly 80,000-acre New York Wind Energy Area to Statoil, ruling the fishermen failed to prove imminent harm, and that the project is still subject to years of review before construction.

“The court maintains its authority to ultimately enjoin the lease in this litigation if necessary,” U.S. District Court Judge Tanya S. Chutkan wrote in her opinion. The fishing industry argument that Statoil Wind US LLC will have made significant investments in the project – establishing property rights – during the Bureau of Offshore Energy review is not compelling enough to justify a preliminary injunction against granting the lease, Chutkan found.

Statoil’s investment – including a record-setting $42.5 million bid for the lease – is being made with full knowledge that it may not get approvals or ever build the project, Chutkan wrote. Fishermen said they will continue to pursue the case on merits.

“Getting a preliminary injunction granted is difficult, given the high standards that the court applies,” said Mayor Kirk Larson of Barnegat Light, N.J., one of the port towns that joined the Fisheries Survival Fund and other industry advocates in the case. “But our case will continue, and we are confident that we will succeed on the merits.”

Read the full story at WorkBoat.com

Legal Fight in New York Offshore Wind Farm Case Continues on Merits; Request for Preliminary Injunction Denied

WASHINGTON — February 16, 2017 — The following was released by the Fisheries Survival Fund:

The U.S. District Court for the District of Columbia decided late Wednesday not to grant a preliminary injunction in the lawsuit brought by a host of fishing communities, associations and businesses—led by scallop industry trade group the Fisheries Survival Fund—against the impending leasing of the New York Wind Energy Area to Statoil Wind of Norway. The suit alleges the U.S. Bureau of Ocean Energy Management (BOEM) leasing process did not adequately consider the impact of wind power development in the waters off Long Island, New York on the region’s fishermen.

The fishing industry asked that the court temporarily halt BOEM from proceeding with the final ratification of a lease on the area, which was preliminarily awarded to Statoil, Norway’s state oil company, for $42.5 million.

“Getting a preliminary injunction granted is difficult, given the high standards that the court applies,” said Mayor Kirk Larson of Barnegat Light, N.J., one of the plaintiffs in the case. “But our case will continue, and we are confident that we will succeed on the merits.”

The ruling explained that a preliminary injunction is an extraordinary and drastic remedy, that the standard for proving irreparable harm is “particularly high” in the D.C. Circuit, and that plaintiffs must prove that their injuries are “certain, great, actual and imminent.”

However, the court remarked that it “maintains its authority to ultimately enjoin the lease in this litigation if necessary,” and noted that Statoil is aware that its proposals for the wind farm may be rejected and that it may never construct or operate such a facility.

“While the court didn’t find that the issuance of this lease would cause immediate and irreparable harm to fishermen, it remains true that the ultimate construction and operation of a wind farm will have devastating effects on our industry, the environment, and marine resources,” said Bonnie Brady, executive director of the Long Island Commercial Fishing Association in Montauk, N.Y., another plaintiff in the case. “We have made it clear to the government and Statoil that fishermen will not be ignored in this debate.”

The ruling stated that the fishing industry offered numerous arguments for why the environmental analyses prepared by BOEM were defective, and in violation of the agency’s statutory and regulatory requirements, including that it failed to analyze the actual construction and operation of a wind facility and further failed to consider other potential locations for the wind facility.

The court also noted that when the draft environmental assessment was published in the Federal Register for public comment in June 2016, many members of the fishing industry submitted comments about how a wind facility in the proposed lease location would harm their fishing interests and the marine habitat in that area.

BOEM had argued that the proper time to assess environmental impacts of construction is years from now, after a Construction and Operations Plan is approved, but the court cited precedent in the D.C. circuit that suggests the proper time for the agency to consider these environmental impacts may be “at the present stage.”

The ruling also looked at the balance between the interests of each side. The government argued that the public interest supported its wind energy leasing program, and the financial interest in the lease, while the fishing industry argued that the public interest is best served by allowing the industry to continuing commercial fishing activity. The court found that the balance did not favor either side.

“The fishing industry and the public already have a vested interest in these areas,” said Meghan Lapp, Fisheries Liaison for Seafreeze Ltd. in Point Judith, R.I., which is also a plaintiff in the case. “This will have a significant negative impact on the squid industry and the state of Rhode Island, which lands more calamari than all other East Coast states combined. BOEM can not be allowed to ignore American small businesses and the American people.”

Read the court’s decision at Saving Seafood

Attorneys for Fishing Industry in Wind Farm Lawsuit Discuss Case on New Bedford Radio

February 14, 2017 (Saving Seafood)– On Monday, attorneys representing the plaintiffs in the lawsuit against a proposed wind farm off the coast of Long Island discussed the case with WBSM New Bedford host Phil Paleologos. The attorneys, David Frulla and Andrew Minkiewicz, represent a group of fishing businesses, associations, and municipalities, led by the Fisheries Survival Fund, a scallop industry trade group.

The lawsuit alleges that the Bureau of Ocean Energy Management (BOEM) did not properly consider the impact the proposed wind far would have on area fisheries when they awarded a multi-million dollar wind energy lease to Statoil, a Norwegian oil company. The proposed wind farm would occupy some of the most important fishing grounds in the Atlantic, potentially causing serious harm to local fisheries.

Listen to the full interview here

Commercial Fishing Interests Fight New York Offshore Wind Project In U.S. District Court

Heat map of scallop fishing effort in the area around the proposed New York wind energy area. The proposed wind energy area is in blue.

WASHINGTON (Saving Seafood) – February 9, 2017 – Lawyers representing a host of fishing communities, associations, and businesses, led by scallop industry trade group the Fisheries Survival Fund, argued in U.S. District Court in Washington, D.C., yesterday against the lease sale of 127 square miles of ocean off the coast of Long Island for wind energy development. A ruling is expected in the coming days.

The plaintiffs are seeking a preliminary injunction against the wind farm lease, which the Bureau of Ocean Energy Management (BOEM) preliminarily awarded to Norwegian oil and gas company Statoil for $42.5 million at auction in December, arguing that the site of the project is in the middle of important fishing grounds, particularly for the valuable scallop and squid fisheries. They claim that allowing the lease sale to go through would cause irreparable harm to commercial fishermen and is unlawful.

The plaintiffs argued that the lease sale would have an immediate impact on fishing interests by giving the government and Statoil free rein to conduct a number of harmful actions, including installing a meteorological tower that could damage scallop beds, and performing sonic testing that studies suggest hurts fish populations. The plaintiffs also said that, should the lease proceed, additional investments make it nearly certain that a wind farm will be constructed, permanently restricting fishermen who make their livelihoods in the area.

Lawyers representing BOEM and Statoil countered that the plaintiffs failed to demonstrate immediate and irreparable harm to their livelihoods, saying that any impact on fishermen would not happen for years, and that there would be time to address fishing concerns in future environmental assessments.

Federal law requires a balanced process that considers all stakeholders when developing wind energy projects, but the plaintiffs said that fishing concerns have not been properly addressed in the siting of the New York wind energy area.

BOEM estimates the value of fishing grounds in the proposed wind energy area at $90 million, a figure that the plaintiffs argued is too low because the government used less precise vessel trip reports instead of more accurate satellite-based vessel monitoring systems. The defendants argued that the lease siting process was transparent, including meetings with fishermen and multiple requests for information.

The plaintiffs responded that their more accurate information was ignored, the location of the wind farm was chosen in private, and fishermen never had a chance to advocate for alternative sites.

The plaintiffs maintained that their complaint was not against wind energy as a whole, pointing out that Mayor Jon Mitchell of New Bedford, Mass., a plaintiff in the case, has been an outspoken proponent of wind energy development. Specifically, they are challenging the use of the unsolicited bid process that allows private entities to claim part of the ocean for wind energy development.

The plaintiffs in the case are the Fisheries Survival Fund, the Garden State Seafood Association, the Long Island Commercial Fishing Association, the Narragansett Chamber of Commerce, the Fishermen’s Dock Cooperative, the Rhode Island Fishermen’s Alliance, the City of New Bedford, Mass., the Borough of Barnegat Light, N.J., the Town of Narragansett, R.I., SeaFreeze Shoreside, Sea Fresh USA, and the Town Dock. The case was heard by Judge Tanya S. Chutkan.

Alternative Energy Collides With Fishermen’s Livelihood Off Long Island

December 15, 2016 — The following is excerpted from an article published in the Wall Street Journal yesterday. It was written by Joseph De Avila:

The federal government on Thursday plans to auction off a parcel of 79,000 acres in the Atlantic Ocean just south of Long Island to build a wind farm over fishing grounds that scallop and squid fishermen say are vital to their trade.

Bidders hope to secure a 25-year lease to operate a wind farm, to sell the electricity to energy-hungry Long Island and the New York City region. Offshore wind is a big part of Governor Andrew Cuomo’s plan for New York to get half of its energy from alternative sources by 2030.

But the commercial fishing industry opposes building wind turbines on this particular stretch of the Atlantic Ocean, which is sandwiched between shipping lanes into and out of the New York harbor. “We are very afraid we are going to lock up an area of the bottom that is definitely favorable for scallop settlement,” said James Gutowski, a scallop fisherman from Barnegat Light, N.J., and chairman of the Fisheries Survival Fund.

Members of the fishing industry say the Bureau of Ocean Energy Management didn’t adequately consider what the impact would have on scallop and squid fishing grounds. The Fisheries Survival Fund and other members of the fishing industry filed a lawsuit last Thursday in a Washington, D.C., federal court seeking an injunction to block the lease from going into effect.

The Bureau of Ocean Energy Management has already removed about 1,780 acres from the lease area after the National Marine Fisheries Service flagged that parcel as a sensitive habitat and a prime commercial fishing spot.

The bureau also has awarded 11 offshore wind leases so far, including sites off Massachusetts, Delaware and Virginia. The developers for each of those projects are currently conducting site assessments, according to the bureau, which declined to comment on the lawsuit. A hearing is set for February. Other plaintiffs include the Garden State Seafood Association and the Long Island Commercial Fishing Association.

Offshore-wind developer Deepwater Wind, based in Rhode Island, began operating the first offshore wind farm in the U.S. on Monday off Block Island, R.I., near the tip of Montauk. It also has a site located between Montauk and Martha’s Vineyard, Mass., that it plans to build in phases. The first phase could begin construction in 2019 and would provide enough energy for more than 50,000 homes for Long Island’s South Fork.

A 2011 plan for the strip of the Atlantic Ocean, located about 11.5 miles from Jones Beach, called for building 194 turbines that would generate enough electricity to power 245,000 homes. But today’s improved wind technology could generate even more power, according to the U.S. Bureau of Ocean Energy Management, which is managing the auction. “There is significant market demand” in the region, said Tracey Blythe Moriarty, a bureau spokeswoman.

Some 14 organizations have qualified to bid during Thursday’s auction, including the New York State Energy Research and Development Authority, or NYSERDA. The authority is the first state entity to participate in a federal offshore wind auction, according to the Bureau of Ocean Energy Management.

Read the full story at The Wall Street Journal

Commercial fishermen ask court to block NY offshore wind energy lease

December 12, 2016 — Commercial fishing industry groups are asking a federal court to delay a planned Dec. 15 federal lease auction of 127 sq. mi. of seafloor off New York for wind energy development.

Led by the Fisheries Survival Fund, representing the East Coast sea scallop fleet, the organizations – joined by coastal towns where fishing is a major employer – seek an injunction against U.S. Interior Secretary Sally Jewell and the Bureau of Ocean Energy Management.

The move comes after months of circling by BOEM and commercial fishing interests from Massachusetts and New Jersey – including the prosperous sea scallop industry, which has enjoyed historic abundance and high prices for the shellfish. They fishermen were joined in the action by Narragansett, R.I., New Bedford, Mass., and Barnegat Light, N.J., where fishing provides good employment.

In their complaint, the critics say BOEM “grossly underestimated” the level of fishing activity in the proposed New York Wind Energy Area, a shortcoming industry advocates tried to remedy by providing tracking data from boats towing for scallops and squid.

Fishermen say the results show “spaghetti tracks” demonstrating that proposed lease areas are important fish habitat and seafood sources. In court papers, captain James Lovgren from the Fishermen’s Dock Cooperative in Point Pleasant Beach, N.J., recounted bringing plotter data to BOEM that showed “the proposed windmill site was completely covered by track marks from the vessels.”

Lovgren says he and other fishermen were not notified of subsequent public listening sessions held by BOEM, despite having provided their contact information.

Read the full story at WorkBoat