Description: Lawsuit challenging the federal reviews of the Vineyard Wind 1 offshore wind project.
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ACK Residents Against Turbines v. U.S. Bureau of Ocean Energy Management
Case Documents:
Filing Date Type File Action Taken Summary 12/02/2022 Reply Download Reply filed by Vineyard Wind 1 LLC in support of motion for summary judgment. 11/23/2022 Reply Download Reply filed by federal defendants in support of their motion for summary judgment. 10/26/2022 Order American Clean Power Association and National Ocean Industries Association motion for leave to file amici curiae brief in support of defendants' motions for summary judgment denied. 10/19/2022 Reply Download Plaintiffs filed memorandum of points and authorities in opposition to federal defendants' and Vineyard Wind's motions for summary judgment and reply in support of plaintiffs' motion for summary judgment. 09/28/2022 Opposition Download Plaintiffs filed opposition to American Clean Power Association and National Ocean Industries Association's motion for leave to file an amicus brief. 09/23/2022 Amicus Motion Download American Clean Power Association and National Ocean Industries Association filed motion for leave to file amici curiae brief in support of defendants' motion for summary judgment. 09/13/2022 Motion for Summary Judgment Download Vineyard Wind 1 LLC filed memorandum of law in support of its motion for summary judgment and in opposition to plaintiffs' motion for summary judgment. 09/08/2022 Motion for Summary Judgment Download Federal defendants filed memorandum in opposition to plaintiffs' motion for summary judgment and in support of cross-motion. 07/25/2022 Motion for Summary Judgment Download Plaintiffs filed memorandum of points and authorities in support of motion for summary judgment. 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.