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The Climate Litigation Database

Allco Renewable Energy Ltd. v. Haaland (South Fork Wind)

About this case

Filing year
2021
Status
Stipulation of dismissal filed.
Docket number
1:22-cv-10921
Court/admin entity
United StatesUnited States Federal CourtsUnited States District Court for the District of Massachusetts (D. Mass.)
Case category
Federal Statutory Claims (US)Clean Water Act (US)Federal Statutory Claims (US)Endangered Species Act and Other Wildlife Protection Statutes (US)Federal Statutory Claims (US)NEPA (US)Federal Statutory Claims (US)Other Statutes and Regulations (US)
Principal law
United StatesAdministrative Procedure Act (APA)United StatesClean Water Act (CWA)United StatesEndangered Species Act (ESA)United StatesMarine Mammal Protection Act (MMPA)United StatesMigratory Bird Treaty ActUnited StatesNational Environmental Policy Act (NEPA)United StatesOuter Continental Shelf Lands Act (OCSLA)
At issue
Challenge to approval and permits for the South Fork Wind Project (severed from <a href="https://climatecasechart.com/case/allco-renewable-energy-ltd-v-haaland/">challenge</a> to Vineyard Wind).
Topics
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Documents

Filing Date
Document
Type
Topics 
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Search results
01/11/2023
Stipulation of dismissal filed.
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.
Stipulation
10/14/2022
Motion for leave to file a first amended complaint filed by plaintiffs.
Motion
08/10/2022
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.
Decision

Summary

Challenge to approval and permits for the South Fork Wind Project (severed from challenge to Vineyard Wind).

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Group
Topics
Policy instrument
Risk
Impacted group
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Finance