January 1, 2023

Media Contact: Vallorie Oliver

ACK4Whales@gmail.com

ACK Residents Against Turbines claims federal agencies’ review of offshore wind project is deficient.

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 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.    

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.  

ACK Residents Against Turbines, is a grassroots non-profit composed of year round and seasonal residents of Nantucket. The organization was formed to pursue answers regarding the impacts and trade-offs to the industrial scale offshore wind projects planned off the south shores of Nantucket. We are asking very simply, for real factual “best practices” of science backed answers regarding cumulative impacts to the fragile marine environment surrounding our island.  

We are a 501 (c) 3, tax exempt organization incorporated in 2020. Our efforts include public outreach and education. ACK Residents Against Turbines is wholly committed to defending the North Atlantic Right Whale, as well our island’s marine environment. 

Click here to view the Summary Judgement Filing