March 20, 2024 — An environmental lawsuit filed by a handful of conservative groups could interfere with Dominion Energy’s plans to begin constructing Virginia’s offshore wind project on May 1.
The Heartland Institute, the Committee for a Constructive Tomorrow, and the National Legal and Policy Center alleged that federal agencies, as part of their environmental assessment of the project, neglected to perform a full analysis of the harm that could come to the endangered North American right whale as a result.
The plaintiffs argue that the Bureau of Ocean Management and the National Marine Fisheries Service are legally compelled to evaluate – not just the potential harm from the Virginia project – but the dangers the project might pose to the species in combination with the dozens of other offshore wind projects along the East Coast.
“What BOEM and Marine Fisheries did is carve this integrated program of putting offshore wind off the East Coast – they carved it into little pieces. There’s a little piece here, which is Virginia, and a little piece there, which is Maryland, another piece which is New York,” Collister Johnson, Jr., senior adviser to the Committee, told The Center Square. “The courts are really clear that you can’t do that and minimize and understate what the actual harm is.”