The federal district court for the District of Massachusetts rejected claims that the Bureau of Ocean Energy Management and National Marine Fisheries Service violated the Endangered Species Act and NEPA in connection with their decisions authorizing an offshore wind energy project off the coast of Martha’s Vineyard and Nantucket. The court agreed with the project developer that the plaintiffs did not demonstrate a concrete injury with respect to the project’s potential air emissions or contributions to greenhouse gases, characterizing as “generalized” the individual plaintiff’s concern regarding the project’s potential to increase greenhouse gas emissions and contribute to climate change. The court found that these concerns were insufficient to confer standing for the plaintiffs’ NEPA air quality and emissions claims. The court rejected the plaintiffs’ claims related to right whales on the merits.

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

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Massachusetts Federal Court Upheld Endangered Species Act and NEPA Reviews for Offshore Wind Project

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Massachusetts Federal Court Upheld Endangered Species Act and NEPA Reviews for Offshore Wind Project

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance