A coalition of commercial fishers, conservation groups, seafood processors, and a local mayor has filed an emergency motion seeking to block the development of Empire Wind, an offshore wind project planned off the coast of the U.S. state of New York.
In their suit, the groups claim that the wind energy operations will cause substantial harm to the commercial fishing sector while threatening endangered whales and damaging the seafloor.
“To allow Empire Wind to continue construction is to abandon us fishermen and our coastal communities who have, for generations, fed our great country and kept local economies thriving,” Captain Shawn Machie of the New Bedford, Massachusetts, U.S.A.-based F/V Capt. John, said in a statement. “To turn a blind eye to the marine mammal deaths and destruction of ocean habitats is careless and shows a greed unlike any I’ve ever encountered.”
The Empire Wind 1 project is a USD 5 billion (EUR 4.3 billion) investment that will see 54 turbines installed off the New York coast. The project moved forward under the administration of U.S. President Joe Biden and was roughly one-third completed, but the Trump administration issued a stop-work order in April – a move that many suspected could kill the development.
However, the Trump administration quickly reversed course, allowing construction to continue 19 May.
“We appreciate the fact that construction can now resume on Empire Wind, a project which underscores our commitment to deliver energy while supporting local economies and creating jobs,” Anders Opedal, president and CEO of Equinor, the group behind Empire Wind, said in a statement. “I would like to thank President Trump for finding a solution that saves thousands of American jobs and provides for continued investments in energy infrastructure in the U.S.”
Now, the lawsuit seeks a preliminary injunction to block construction of the wind facility. The groups claim the Department of Interior acted unlawfully in lifting the stop-work order on 16 April without addressing environmental or safety concerns.
“There are fewer than 350 North Atlantic right whales left on the planet,” ACK For Whales Board Member Amy DiSibio said in a statement. “Empire Wind was sited directly in their migratory path. This project should never have been permitted – and it must be stopped now.”
The groups also argue that the project should be blocked on a technicality; Equinor is majority-owned by the Kingdom of Norway – a potential violation of U.S. law, which bars foreign governments from holding offshore energy leases.
The plaintiffs in the lawsuit are Protect Our Coast New Jersey, ACK For Whales, Clean Ocean Action, American Seafood, Belford Seafood Co-op, Miss Belmar Whale Watch, Fisherman’s Dock Cooperative, Heritage Fisheries, Long Island Commercial Fishing Association, Seafreeze Shoreside, several commercial fishers, and Seaside Park Mayor John Peterson, Jr.
“This project is a precedent-setting assault on the ocean environment, our commercial and recreational fishing industries, tourism, and the very quality of life on the Jersey Shore,” Peterson, Jr. said in a statement. “There may be millions of dollars against us, but there are millions of us standing in defense of our coast.”
Though not a member of the suit, the New England Fishermen’s Stewardship Association (NEFSA) issued a statement supporting the emergency request.
“Empire Wind has sought to industrialize our oceans and put thousands of American fishermen and coastal communities out of business. This foreign-owned company violates federal law, destroys critical fishing grounds, and wreaks havoc on marine life and the ecosystem,” NEFSA CEO Jerry Leeman said. “NEFSA fully supports this legal action to stop Empire Wind and commends the fishermen who organized it. We urge the courts to take decisive action in defending our livelihoods and protecting an iconic American industry from a foreign green company’s invasion of our waters.”
