Description: Lawsuit challenging the federal reviews of the Vineyard Wind 1 offshore wind project.
ACK Residents Against Turbines v. U.S. Bureau of Ocean Energy Management
Filing Date Type File Action Taken Summary 02/10/2022 Complaint Download First amended complaint filed. 01/07/2022 Memorandum and Order Download Motion by Vineyard Wind 1 LLC to intervene granted. Federal Court Allowed Company to Intervene to Defend Approvals of Offshore Wind Project. The federal district court for the District of Massachusetts granted Vineyard Wind 1 LLC permission to intervene to defend federal authorizations of the Vineyard Wind offshore wind project against two lawsuits asserting violations of the National Environmental Policy Act, Endangered Species Act, and Administrative Procedure Act. The court concluded that at this juncture Vineyard Wind 1 LLC was not entitled to intervention as of right because even though the company had a protectible interest that could be impaired by the litigation, the company did not persuade the court that the “asymmetrical interests” of the company and the government defendants would prevent the government from adequately representing the company’s interests. The court found, however, that permissive intervention was appropriate. 10/05/2021 Motion to Intervene Download Memorandum of law filed in support of Vineyard Wind 1 LLC's motion for leave to intervene. 08/25/2021 Complaint Download Complaint filed. Nantucket Residents Challenged Federal Approvals of Offshore Wind Project. Nantucket residents filed a lawsuit in federal court in Massachusetts alleging that the Bureau of Ocean Energy Management’s environmental review of the Vineyard Wind 1 offshore wind project did not comply with NEPA. The complaint alleged deficiencies in the environmental impact statement’s consideration of greenhouse gases (GHG) , including inadequate analysis and disclosure of construction-related emissions and operational emissions. The complaint also alleged that BOEM failed to account for “GHG reduction benefits of whales and how the Project and the other offshore wind projects, by causing whale mortality, will cause those benefits to disappear.” In addition to their NEPA claim, the plaintiffs asserted that the federal defendants violated the procedural and substantive requirements of the Endangered Species Act by failing to ensure that the project would not jeopardize the survival of the North Atlantic Right Whale and other federally listed species.