Description: Challenge to approval and permits for the South Fork Wind Project (severed from challenge to Vineyard Wind).
Allco Renewable Energy Ltd. v. Haaland (South Fork Wind)
Filing Date Type File Action Taken Summary 01/11/2023 Stipulation Download Stipulation of dismissal filed. Parties Agreed to Dismissal of Challenge to Offshore Wind Farm Off Long Island Coast. Parties to a lawsuit challenging a Marine Mammal Protection Act authorization for the South Fork Wind project stipulated to the dismissal of the action with prejudice. The lawsuit was originally filed in February 2022, and in August 2022, the federal district court for the District of Massachusetts dismissed claims under the Outer Continental Shelf Lands Act and Endangered Species Act without prejudice for failure to provide the notice required by the statutes. In October 2022, the plaintiffs filed an amended complaint that dropped those claims as well as claims under NEPA. The South Fork Wind project is an offshore wind farm consisting of 12 turbines located 35 miles east of Montauk Point on Long Island. 10/14/2022 Motion Download Motion for leave to file a first amended complaint filed by plaintiffs. 10/07/2022 Order Balance of motion to dismiss denied without prejudice in light of representation that plaintiffs would seek leave to file amended complaint. 08/10/2022 Memorandum and Order Download Motion to dismiss certain claims granted without prejudice. The court dismissed claims under the Outer Continental Shelf Lands Act and Endangered Species Act without prejudice for failure to provide the notice required by the statute. 06/13/2022 Memorandum and Order Download South Fork Wind, LLC’s motion to intervene granted. 02/23/2022 Complaint Download First amended complaint filed.