ACK4Whales Lawsuits and Filings
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ACK For Whales asks the Supreme Court to hear the appeal and files a petition for Certiorari Seeking a Review of the First Circuit’s decision. First offshore wind case to go to Supreme Court since Loper Bright decision
Read the Full Press Release Here
Examine key information. That is precisely the case here in the context of the North Atlantic Right Whale,” said Thomas Stavola Jr. Esq., attorney for ACK RATS. The agencies incorrectly concluded that the Vineyard Wind Project would not jeopardize the right whale. Quite the contrary: they failed to account for the impact of noise from pile driving, noise from operational turbines, and the heightened risk of vessel strikes, risks made much worse by the offshore wind.
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NANTUCKET RESIDENTS AGAINST TURBINES FILE COURT APPEAL TO HALT VINEYARD WIND PROJECT, THEY CONTEND WAS APPROVED WITH RECKLESS DISREGARD OF RISKS POSED TO CRITICALLY ENDANGERED RIGHT WHALES.
Plaintiffs-Appellants Nantucket Residents Against Turbines (“ACK RATS”) filed an appeal in the case Nantucket Residents Against Turbines, et al. v. U.S. BOEM et al. in the First Circuit Court of Appeals. The appeal seeks to halt the Vineyard Wind Project on the basis that the federal statutes, Endangered Species Act, and National Environmental Policy Act were violated due to gravely flawed environmental review documents that failed to consider critical risks posed by the Vineyard Wind 1 Project to the already highly endangered North Atlantic Right Whale (“NARW”). The District Court’s excuse for greenlighting Vineyard Wind was that the agencies responsible for the environmental review deserve deference in their decisions about which science to use. But this isn’t accurate.
“What we have here is an incorrect employment of the agency deference doctrine: while the doctrine creates a presumption that agencies correctly assess the data, that presumption can be refuted by a showing of a failure to examine key information. That is precisely the case here in the context of the North Atlantic Right Whale,” said Thomas Stavola Jr. Esq., attorney for ACK RATS. The agencies incorrectly concluded that the Vineyard Wind Project would not jeopardize the right whale. Quite the contrary: they failed to account for the impact of noise from pile driving, noise from operational turbines, and the heightened risk of vessel strikes, risks made much worse by the offshore wind Project.
It stands to reason that the agencies should be even more scrupulous in their review of the data when the species at issue is spiraling toward extinction. “This was a reckless review of science. The NARW has its home in the southern New England region with over 90% of its 350 remaining whales relying on this small area. Their high presence and reliance on the region for survival was completely ignored,” said Vallorie Oliver, Plaintiff.
One of the largest threats to the NARWs is vessel strikes. ACK RATs contends the noise produced by pile driving (construction of turbines) and later, operational noise from the turbines themselves, will drive NARWs into higher danger zones, where they can be injured or killed through vessel strikes. The noise itself can cause damage through hearing loss. Given the whales’ strong reliance on hearing, a deaf whale is likely a dead whale.
And the so-called mitigation techniques proposed by Vinyard Wind and endorsed by the agencies, simply don’t work well at all in preventing harm from noise. Vineyard Wind argues that they will clear the area of NARWs within a few kilometers of the pile driving site through ‘protected species observers’ and ‘passive acoustic monitoring.’ “But as ACK RATs show in their appeal, these measures are highly ineffective at actually detecting the whales, and the vast majority of whales will slip through the cracks of detection,” said Thomas Stavola Jr. Esq.
“We have been asked to believe that the reviewing agencies used the best science available to them, but this couldn’t be further from reality. There is simply no valid excuse for using studies that support Vineyard Wind’s project while completely failing to account for key data that show the opposite: we need to pump the brakes on this Project and perform a better environmental review,” said Vallorie Oliver, Plaintiff.
Defendants U.S. BOEM et al. will now have 30 days to respond to ACK RATs appeal submission. Absent a ruling stopping the Vineyard Wind project, the critically endangered right whale, which scientists broadly agree can endure no additional human caused stressors, will be pushed closer to its “watery grave.”
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Our January 24th's hearing in Federal court went well. It was important to have our day in court. Our attorney did an excellent job of holding the government accountable to the laws protecting the environment, endangered species, and North Atlantic Right Whales. While it was most definitely, David and Goliath situation, with our one attorney (David Hubbard) on our side and dozens on the other, but our case was strong. It will be some time before a decision is made. The Judge may wait to rule after she hears the other related cases.
We received strong media coverage from the Boston Globe, ABC Boston, and our local papers. Nantucket Residents Against Turbines will continue spreading the word about this important issue that will impact everyone who cares about Nantucket and its ecosystem.
The sad reality is if anyone reads the COP (construction and operations plan) on the BOEM website for all the wind projects proposed- they do not help emissions at all. The fear mongered by the media about it helping global warming and climate change is pure fiction.
It is about making money for investors that surpasses everything else, including the environment that is supposed to be “saved” by this theoretical solution.
Getting real answers now, as this is the first of this type of offshore industrial energy plants in the USA, is imperative or no one will be held to task to protect anything in our ocean waters here on the eastern seaboard. There will be 1000’s of turbines (when built out) in a grid pattern, side by side and the size of the state of Rhode Island- just in our area. Construction will be 30+ years with the 7-9 projects that are proposed. Imagine, seeing those construction vessels, substations, and blinking lights for that long until decommissioned…it is frightening. We fear there will be no marine life left at that point, never mind whales.
We do think we will win this round and hope that the judge will issue an injunction to stop the ocean portion of construction, which is slated to start on May 1, just 14 miles off our south shore on Nantucket. If we do succeed, they will appeal of course...there is too much money at stake for them to not appeal.
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Nantucket, MA: Nantucket (ACK) Residents Against Turbines has filed a Motion for Summary Judgement against the Bureau of Ocean Energy Management (BOEM), the National Marine Fisheries Service (NMFS), Secretary of the Interior Debra Haaland, and Secretary of Commerce Gina Raimondo for violations of the Endangered Species Act (ESA), the National Environment Policy Act (NEPA) and the Administrative Procedures Act (APA).
ACK Residents Against Turbines’ lawsuit is concerned that the approval of the Vineyard Wind offshore wind project will exacerbate threats to the North Atlantic Right Whale which has a population of fewer than 360 individuals. The construction and operation of the project will by push this critically endangered marine mammal out of its preferred feeding grounds, expose it to increased vessel strikes and fishing gear entanglements and, among other things, prevent its ability to communicate via echo location.
A substantial percentage of all right whales now spend significant time in the waters south of Nantucket (including the Vineyard Wind project site). By installing multiple industrial-scale wind energy projects in this area, BOEM is failing to protect this federally listed marine mammal. The lawsuit shows that federal agencies issued a legally defective Biological Opinion, ignored increased stress on Right Whales, failed to complete an adequate Environmental Impact Statement and issued illegal “Incidental Take Authorizations” that would jeopardize this critically endangered species.
ACK Residents Against Turbines expects the court to set aside the Biological Opinion and Final Environmental Impact Statements for Vineyard Wind and is asking for interim injunctive relief to protect the North Atlantic Right Whale until such time as the federal defendants have complied with the applicable ESA and NEPA mandates.
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60-Day Notice of Intent to Sue: Violations of Endangered Species Act Section 7 – Legally Deficient Biological Opinion for Vineyard Wind Offshore Energy Project and Related Incidental Take Authorization and Incidental Harassment Authorization
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Nantucket Residents Against Turbines, a grass roots group, is asking very simply, for real factual science backed answers regarding impacts to the fragile marine environment surrounding our island.
We have filed a lawsuit against BOEM, and (National Oceanic and Atmospheric Association), the Dept of the Interior and the Dept of Commerce- forcibly requesting the answers before the project construction begins.
This lawsuit is not just about the Vineyard Wind project. When this industrial build out is complete, there will be 7 consecutive, foreign owned, wind farms in our area. There will be over 2000 turbines, rising almost 1000 feet in height with blinking lights.
What will the cumulative effects be when they are all active and what is the plan for parts failure, oil spills or any other type of mistake?
If the impacts to the marine life, are “negligible” as stated in the environmental impact statement, why was the Vineyard Wind project granted permissions for incidental “takes” during project construction? A take is harassment, harm, or death of an endangered species? That doesn’t sound negligible.
Give us the “best practices” of science and data to prove your theoretical, unsupported benefits will outweigh the grave risks of irreversible damage to our little island.
Explain to all the coastal communities, up and down, the entire Eastern Seaboard, also slated for these wind projects- that their lives will not be forever changed, as well.
Why should we assume all the risk of damage to our marine life, and most importantly, the North Atlantic Right whale, that is on the brink of extinction, for untested, unregulated, industrial wind installations that are not supported by anything but promises of foreign energy giants? We do not want to “wait and see” what the damage is after it’s too late and the installations are erected.
Our group, ACK Residents Against Turbines are asking to take a long hard “look before we leap”.
Read Nantucket Residents Against Turbines Legal Complaint here.