Saving Seafood

Another Lawsuit Against Vineyard Wind Dismissed

August 9, 2023 — Another attempt to stop the Vineyard Wind project southwest of Nantucket has failed.

Federal Court Judge Indira Talwani last Friday dismissed a lawsuit filed by Thomas Melone in July of 2021 that attempted to block the Vineyard Wind and its 62 turbines now under construction. It was the second lawsuit challenging the project to be dismissed, with the first one being rejected back in May.

Melone, the president of various solar energy companies, owns a home in Edgartown and accused the National Marine Fisheries Services (NMFS) of violating the Marine Mammal Protection Act (MMPA) and the Administrative Procedure Act (APA) when issuing an Incidental Harassment Authorization (IHA) to Vineyard Wind for its offshore wind energy project.

“Plaintiff’s argument regarding “old data” relies entirely on information that emerged after the IHA was issued,” Talwani says in the memorandum and order filed on August 4. “Plaintiff has not, and cannot, demonstrate that NMFS was unreasonable in failing to consider reports and studies that did not exist at the time the IHA. To the extent Plaintiff complains that NMFS also failed to consider current population data at the time of issuance, that argument is contradicted by the Record. As such, Plaintiff’s argument that NMFS relied on ‘old data’ and that such reliance was arbitrary and capricious fails.”

“Plaintiff has not shown that NMFS acted arbitrarily, capriciously, or otherwise unlawfully,” Talwani continued. “Accordingly, NMFS and Vineyard Wind’s motions for summary judgment are granted and Plaintiff’s motion for summary judgment is denied.”

Read the full article at the Nantucket Current

SouthCoast Wind appeal highlights project’s risk

August 8, 2023 — SouthCoast Wind Energy LLC petitioned the Rhode Island Supreme Court on July 28. SouthCoast said that the unanimous decision of the Rhode Island Energy Facility Siting Board to suspend the review of the project’s permit application for its offshore power cable traversing the state “is contrary to law and should be vacated.”

SouthCoast Wind’s 149-turbine, 1,200-megawatt offshore wind farm project planned for federal waters over 30 miles south of Martha’s Vineyard and 20 miles south of Nantucket is in limbo. Power was to be delivered to several Massachusetts utilities until the company determined its power purchase agreements generated inadequate revenues to finance the project, so it moved to terminate the agreements.

Read the full article at WorkBoat

America’s Bet on Wind Power Is Running Into a Big Problem

July 23, 2023 — Crane ships and construction barges have joined the pleasure boats floating off the coast of vacation hot spots Montauk and Martha’s Vineyard this summer. The hard hats working on them aren’t there to catch some rays. They’re driving steel cylinders deep into the seabed to build America’s first large-scale offshore wind farms, a milestone decades in the making. Both projects are set to start sending electricity to the shore by the end of the year.

Public officials in New York and Massachusetts toasted the news last month when the first turbine foundations were installed. “The windmills that will power hundreds of thousands of homes are beginning to emerge from the water,” said Massachusetts House Speaker Ronald Mariano. Offshore wind is a crucial technology to decarbonize large coastal population centers, including cities like Boston and New York that probably wouldn’t be able to go green without it. So, its arrival is a major milestone in the nation’s energy transition.

Read the full article at BARRON’S

Whale carcasses on Martha’s Vineyard fuel speculation about wind turbines

June 26, 2023 — Conservation groups and offshore wind critics are calling for an investigation into the deaths of two humpback whales that washed up on the shores of Martha’s Vineyard last week.

On Monday, June 12, a decomposing humpback whale was found in the surf on the south-east tip of Martha’s Vineyard. Early the next morning, a second humpback whale carcass was discovered about 5 miles away on the island’s eastern shoreline.

Federal scientists say that the cause of the deaths remains unclear. In an email, a spokesperson for the Greater Atlantic Regional Fisheries Office (NOAA), which is leading logistics, said that it will not be performing an autopsy on either whale and that “any type of partner supported exam is being stood down.”

The first whale was stuck in the surf, making an autopsy difficult, a NOAA spokesperson said. The agency had plans to do a “limited internal exam,” but abandoned efforts last week as the carcass drifted north along the shoreline.

The decision has frustrated conservation groups curious about the unusual occurrence of two whale deaths discovered in two days. The carcasses were found about one week after construction began on the nation’s first utility-scale wind farm — which is being built in waters 15 miles south of Martha’s Vineyard — and has fueled speculation that the deaths may be connected to offshore wind development.

Read the full article at New Bedford Light

U.S. Offshore Wind: Still Affordable?

January 26, 2023 — Later this year, the 800-megawatt capacity Vineyard Wind 1 project will begin delivering electricity to the Massachusetts grid. And lead owner Avangrid Inc along with its 81.65 percent owner Iberdrola SA have indicated the project remains on budget for when it enters full commercial operations, expected in early 2024.

After that, however, the way ahead for U.S. offshore wind is considerably less clear. The Biden Administration is supportive as ever, pledging last month to expedite permitting to the construction stage for at least 16 offshore wind arrays by 2025.

That now includes a published draft environmental review of Dominion Energy’s proposed 2.6-gigawatt Coastal Virginia Offshore Wind (CVOW) facility. The project will be developed with a vessel owned by the company and now being built in Texas, which should allow management to control costs and potentially profit by leasing for other offshore wind construction.

Read the full article at Forbes

Vineyard Wind opponents ask federal judge to halt project over environmental concerns

January 26, 2023 — Opponents of an offshore wind turbine farm under construction south of Martha’s Vineyard are asking a federal judge to halt the project, and require federal authorities to take another look at the project’s potential impacts on the environment and wildlife.

The nonprofit group Nantucket Residents Against Turbines is trying to put the brakes on Vineyard Wind, which was approved in May 2021 by the Biden administration, and is being built a dozen or so miles off the resort island.

Amy DiSibio, a member of the group’s board, told reporters before a hearing Tuesday in US District Court in Boston that federal endangered species and environmental laws were not “carefully considered” when the project was approved, and deserve much more scrutiny, she said.

Read the full article at the Boston Globe

Construction for nation’s largest commercial offshore wind farm underway, but challenges loom

January 23, 2023 — Offshore wind industry experts say that wind could be the answer to minimize our carbon footprint, and here in the U.S., we’re seeing one of the country’s first offshore wind projects come to life off the coast of Massachusetts where the wind will be used as an emissions-free energy source.

Vineyard Wind is currently constructing the country’s largest commercial offshore wind project, and the goal is to use electricity produced by wind turbines to power homes starting in 2023.

“We’re about a year into onshore construction, and we’ve just begun offshore,” said Andrew Doba, spokesperson for Vineyard Wind. “One spin of the turbine will power a home for 24 hours in the U.S.”

There will be 62 turbines spaced about a mile apart that will produce power for about 400,000 homes. The turbines will be constructed about 15 miles south of Martha’s Vineyard and Nantucket, Massachusetts.

Underwater cables will bring that energy from the turbines to Covell’s Beach in Barnstable, Massachusetts.

Read the full article at Fox Weather

Do Offshore Wind Turbines Impact Fishing?

April 20, 2022 — Offshore wind seems poised to set sail on U.S. coasts. According to the Department of Energy, the burgeoning electricity source has the potential to generate more than 2,000 gigawatts (GW) of capacity per year—nearly double the nation’s current electricity use. Last fall, the Interior Department announced the commencement of construction on the nation’s first commercial scale wind farm, 15 miles off Martha’s Vineyard, and approved a deal for the second off Rhode Island. The Biden administration aspires to launch 16 such sites by 2025 and generate 30 GW of energy by 2030. But what impact will all the construction have on wildlife and fishing? A 10-year, $11 million U.S. Wind and University of Maryland study aims to find out.

Wind is the fastest growing energy source in the U.S., providing 42 percent of the country’s new energy in 2020. So far, most of that has come from land-based wind turbines. But, faster and steadier offshore wind speeds offer more potential. And as the cost of efficiently harnessing offshore wind has plummeted, that potential has soared.

But not everyone is pleased. A lone standoff last fall between a fishing boat and one of U.S. Winds’ giant research vessels symbolized the grievances of a key constituency: the ocean fishing community. Fishermen expressed concerns about damage to their equipment, disruption of the fishing grounds, and even the loss of their way of life. Annie Hawkins, the executive director of the Responsible Offshore Development Alliance, a trade association representing commercial fishermen, told the Guardian, “The fishing industry feels very strongly that they still do not have a meaningful voice in the process nor an authentic seat at the table.”

Read the full story at Field & Stream

Additional Offshore Wind Lawsuit Reflects LBI Opposition Concerns

February 11, 2022 — The U.S. Department of the Interior is facing another legal challenge to its handling of offshore wind, this time for its approval of an offshore wind project to be constructed on a 65,000-acre tract in federal waters south of Martha’s Vineyard. The suit comes three weeks after a grassroots organization from Long Beach Island made good on its intention to sue the federal agency.

Responsible Offshore Development Alliance, a broad membership-based coalition of fishing industry associations and fishing companies, filed suit Jan. 31 in the U.S. District Court in the District of Columbia.

“In its haste to implement a massive new program to generate electrical energy by constructing thousands of turbine towers offshore the eastern seaboard on the Atlantic Outer Continental Shelf and laying hundreds of miles of high-tension electrical cables undersea, the United States has shortcut the statutory and regulatory requirements that were enacted to protect our nation’s environmental and natural resources, its industries and its people,” said Annie Hawkins, executive director of the alliance. “The fishing industry supports strong action on climate change, but not at the expense of the ocean, its inhabitants and sustainable domestic seafood.”

Read the full story at TheSandPaper.net

 

Responsible Offshore Development Alliance Files Complaint in Vineyard Wind Lawsuit

January 31, 2022 — The following was released by the Responsible Offshore Development Alliance:

Responsible Offshore Development Alliance (RODA), a broad membership-based coalition of fishing industry associations and fishing companies, filed suit today challenging the Interior Department’s approval of a massive offshore wind project to be constructed on a 65,000-acre tract in federal waters south of Martha’s Vineyard. The suit, filed in U.S. district court for the District of Columbia, names the U.S. Interior Department and Bureau of Ocean Energy Management, among others. The suit alleges that government agencies violated numerous environmental protection statutes in authorizing the Vineyard Wind 1 offshore wind energy project.

Annie Hawkins, Executive Director of RODA, stated: “In its haste to implement a massive new program to generate electrical energy by constructing thousands of turbine towers offshore the eastern seaboard on the Atlantic Outer Continental Shelf and laying hundreds of miles of high-tension electrical cables undersea, the United States has shortcut the statutory and regulatory requirements that were enacted to protect our nation’s environmental and natural resources, its industries, and its people.” She added, “The fishing industry supports strong action on climate change, but not at the expense of the ocean, its inhabitants, and sustainable domestic seafood.”

On October 19, 2021, RODA issued the government agencies a 60-day Notice of its Intent to Sue if they did not comply with the Clean Water Act, Endangered Species Act, Outer Continental Shelf Lands Act, and other federal environmental statutes. “The Alliance received no reply, and the environmental violations were not remedied,” Hawkins stated. “The decisions on this project didn’t balance ocean resource conservation and management, and must not set a precedent for the enormous “pipeline of projects” the government plans to facilitate in the near term. So we had no alternative to filing suit.”