January 13, 2025 — The U.S. Supreme Court has declined to hear the challenge of Vineyard Wind brought by the Nantucket-based nonprofit ACK For Whales, effectively ending the group’s legal effort to stop or delay the wind farm under construction southwest of the island.
The effort to bring its case to the nation’s highest court was a long shot – as the U.S. Supreme Court accepts only 2 percent of the 7,000 cases brought to it each year – and on Monday the court informed ACK For Whales that it had declined to hear its petition for certiorari.
ACK For Whales had alleged that the federal agencies that permitted the Vineyard Wind project violated the Endangered Species Act by concluding that the project’s construction likely would not jeopardize the critically endangered North Atlantic right whale. The group also asserted that the Bureau of Ocean Energy Management had violated the National Environmental Policy Act by relying on a “flawed analysis” from the National Marine Fisheries Service.
Two lower courts had previously dismissed the case, and the U.S. Supreme Court’s decision on Monday brings ACK For Whales’ legal challenge of the Vineyard Wind project to an end.