The federal district court for the District of New Jersey dismissed a challenge brought by an environmental group and its president to the National Marine Fisheries Service’s incidental take/ harassment authorizations (ITAs) for offshore wind projects for lack of subject matter jurisdiction. The plaintiffs’ allegations included claims that the climate change benefits of offshore wind were overstated and that the defendants failed to recognize “the immense carbon sequestration capacity of great whales.” The court found that the plaintiffs failed to allege injury-in-fact and therefore lacked standing. The court also found that challenges to pending incidental take authorizations were not ripe because the pending ITAs were not final agency actions. In addition, the court found that any challenge to an expired ITA was moot.

Challenge to the National Marine Fisheries Service’s incidental take/ harassment authorizations for offshore wind.

Save Long Beach Island v. U.S. Department of Commerce

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New Jersey Federal Court Dismissed Challenge to Incidental Take Authorizations for Offshore Wind Projects

Filed

United States of America

New Jersey

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New Jersey Federal Court Dismissed Challenge to Incidental Take Authorizations for Offshore Wind Projects

Policy instrument

Risk

Renewable energy

Fossil fuel

Economic sector

Finance