A Massachusetts nonprofit organization's fight to protect endangered whales has reached the highest court in the land.
According to Just The News, Nantucket-based ACK for Whales has petitioned the Supreme Court to review their challenge against federal approval of an offshore wind farm, arguing that the project threatens endangered whale populations.
The nonprofit's legal battle centers on the Vineyard Wind project, a 62-turbine wind farm planned off Nantucket's coast.
ACK for Whales contends that federal agencies failed to properly assess how multiple offshore wind developments in the area would impact North Atlantic right whales, a critically endangered species.
The Department of Justice has responded to ACK for Whales' petition, defending the federal agencies' approval process. They maintain that the Bureau of Ocean Energy Management's conclusion that the Vineyard Wind project would not jeopardize right whales included various protective measures.
The DOJ acknowledges their assessment focused solely on Vineyard Wind's impact, as it was the only project under consideration at that time.
The federal government's position emphasizes that cumulative impacts are considered through an evolving environmental baseline. This baseline gets updated as new projects become operational. According to their interpretation, future offshore projects are not classified as cumulative impacts under the Endangered Species Act, though state and private activities are included in this category.
In response to the DOJ's arguments, ACK for Whales submitted a brief last week highlighting what they perceive as contradictions in the government's stance. According to the organization's brief, the National Marine Fisheries Service's position contains significant logical flaws.
The case's consideration comes at a crucial time, following the significant Loper Bright Enterprises v. Raimondo decision. This ruling overturned the "Chevron deference," which previously allowed federal agencies broad interpretation powers when Congressional guidelines were unclear.
ACK for Whales made the following argument in their response to the DOJ's position:
NMFS absurdly argues that agency officials, in preparing a biological opinion for a project, must ignore information about impacts on endangered species from other offshore wind turbine projects that are planned and in various stages of development and governmental review. Perhaps even more bizarrely, NMFS contends that, in preparing a biological opinion for a project, it must consider the cumulative impacts of planned state and local projects but ignore the impacts of planned federal projects.
The justices are scheduled to meet on January 10 to determine whether they will grant certiorari and hear the case. Their decision could have significant implications for how environmental impact assessments are conducted for future offshore wind developments.
The Nantucket-based environmental group ACK for Whales continues its legal pursuit to protect endangered whale populations from potential harm caused by offshore wind development. The Supreme Court's pending decision on whether to review the case will determine if federal agencies must restructure their approach to environmental impact assessments.
As the January 10 conference approaches, stakeholders await a ruling that could fundamentally alter how offshore wind projects are evaluated and approved in relation to their cumulative impact on marine life.
