A group of fishing industry stakeholders on Monday, 13 September asked a federal appeals court to review the decision approving the Vineyard Wind I offshore energy development project.
A copy of the petition was not yet available on the U.S. First Circuit Court of Appeals website, but in a copy provided to SeafoodSource, the Responsible Offshore Development Alliance (RODA) is asking the appellate court for a review of U.S. Interior Secretary Deb Haaland’s 15 July decision to approve the project slated to install 84 wind turbines off the coast of the U.S. state of Massachusetts.
“In approving the Vineyard Wind construction and operations plan, and the permits needed for the project, the secretaries of the Departments of Interior, Commerce, and Army have violated the Outer Continental Shelf Lands Act, National Environmental Policy Act, Clean Water Act, Administrative Procedure Act, Endangered Species Act, Marine Mammal Protection Act, and Merchant Marine Act of 1920,” the petition states.
RODA also wants the court to review other decisions and documents regarding the project, including the record of decision announced in May. That document served as the first approval of a large-scale offshore wind energy development project. It also wants a review of a 21 July incidental harassment authorization issued by U.S. Commerce Secretary Gina Raimondo, acting through NOAA Fisheries.
RODA Executive Director Anne Hawkins told SeafoodSource in an interview Tuesday, 14 September, the petition’s purpose is to determine which court has jurisdiction under the Outer Continental Shelf Lands Act, since it’s the first time the government made a decision on an offshore wind project.
“For oil and gas production plants, the law is very clear that they have to go directly to the appellate court in the region," Hawkins said. "That first round you go directly to appeal. Now for offshore, wind, or renewables, it's not so clear. It's the same statute, but the language is vague.”
From the appellate court’s determination, RODA will then file a legal challenge to the government’s approval.
Fishermen have raised concerns about Vineyard Wind for years, saying the project threatens their ability to safely fish in the 75,000-acre area 12 nautical miles away from Martha’s Vineyard and Nantucket.
“This is a precedent-setting decision by BOEM, and it is critical that they get it right so that future projects are following a trusted roadmap instead of a flawed and dangerous example,” Hawkins said in a statement.
At the time of the May decision of record, RODA said it was surprised to see NOAA Fisheries give its approval for the 800-megawatt project. The group said it had been willing to work with federal authorities and wind industry stakeholders to find a solution that would be in the best interests of all parties. However, RODA leaders said those efforts were met with silence.
Last month, BOEM Director Amanda Lefton wrote to RODA to acknowledge the fishing industry’s concerns about the decision-making process and vowing to work with the group on upcoming wind energy projects.
Hawkins told SeafoodSource on Tuesday, 14 September that BOEM has had a presence on more calls with fishermen, but that’s been the extent of the changes so far.
“In terms of actual changes to the process or tangible outcomes or commitments that anything in the decision process is actually going to change, we haven't seen anything like that,” Hawkins said.
A spokesperson for the Bureau told SeafoodSource the agency does not comment on active litigation.
Photo courtesy of GE
