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Nantucket group appeals to Supreme Court to end offshore wind projects and protect endangered whales

A group of Nantucket Island, Massachusetts residents has filed a challenge to the industrialization of parts of the Atlantic Ocean before the U.S. Supreme Court, arguing that offshore wind farms developed with federal aid are driving endangered whales to extinction. has filed an appeal. At risk.

In a petition to the high court, the group, Nantucket Residents Against Turbines, said in a petition to the high court that “the federal government has passed legislation protecting endangered species directly affected by the construction of thousands of wind turbines in the Atlantic Ocean. “They have lost sight of their legal obligations.” ”

They allege that the federal agency that authorized the leasing of waters to wind turbine companies excluded certain data in its analysis in the interest of offshore wind development.

“The National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM) considered the cumulative impacts of other planned projects when approving construction and issuing permits for the Vineyard Wind 1 project. I didn't.”

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The first prototype of the University of Maine's offshore wind turbine is seen in this Sept. 20, 2013 file photo near Castine, Maine. (AP Photo/Robert F. Bucati, File)

The high court petition is the latest wave of opposition to offshore wind power development, which has been fast-tracked by order of the Biden-Harris administration, which has set a goal of installing 30 gigawatts of offshore energy by 2030. be.

In line with that goal, the Inflation Control Act (IRA) that President Biden signed into law in 2022 gave millions of dollars in tax breaks to green energy production deals.

Vineyard Wind, a joint venture between foreign companies Avangrid and Copenhagen Infrastructure Partners, is the nation's largest offshore wind energy project located off the New England coast, 25 miles off Martha's Vineyard and Nantucket islands. This project was one of the first beneficiaries of the IRA.

Vineyard Wind boasts that it has signed a $1.2 billion “first-of-its-kind tax equity package” for commercial-scale offshore wind with three U.S.-based banks, calling it a “single tax equity package.” This is the largest property tax equity financing for a commercial-scale offshore wind project, and the first of its kind for commercial-scale offshore wind power generation. project. ”

“The Vineyard Wind 1 project is the first of a series of “coordinated actions'' by the government to build approximately 30 wind turbine projects along the Atlantic Coast, and once built, millions of acres of federal land will be destroyed. Thousands of wind turbines will be installed covering flooded areas,” the petition states. state.

“Vineyard Wind LLC has constructed or partially constructed 47 of the 62 approved wind turbines, with each turbine spaced one nautical mile apart. When fully constructed, each turbine will be raised above the water. It stands 853 feet tall, making it nearly three times the size of the Statue of Liberty. ”

The petition notes that the 47 turbines to date have “already begun to negatively impact Nantucket communities, the marine environment, and marine habitat.”

“Though not taken into account in the environmental impact analysis, problems with the turbines have also already begun. In July 2024, the majority of 350 feet of fiberglass and PVC blades were removed from one of Vineyard Wind's turbines. The blade broke off and fell into the water, breaking pieces of the turbine. “The blades washed up on the shore and were scattered on the shores of Nantucket Island.''

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whale jumping out of water

A North Atlantic right whale breaches off the coast of Cape Cod, Massachusetts. (Photo by Stan Grossfeld/Boston Globe via Getty Images)

The petition alleges that at the time of the “Vineyard Wind 1 Biological Opinion,” BOEM had issued more than 25 offshore wind lease agreements (under which one or more projects would be constructed). However, NMFS openly stated in its biological opinion that it did not consider the cumulative impacts of those projects.

The North Atlantic right whale, which has been endangered for more than 100 years, “will bear the brunt of the federal government's curtailment of the environmental review process,” the petition claims.

“Despite the obvious impacts of constructing wind turbines along the North Atlantic right whale's migration route and current year-round habitat, the agency is evaluating only the impacts caused by the project itself and planning It ignored the obvious influence from all the other projects planned in the Atlantic.

The petition argues that the Supreme Court should hear the case and decide on a circuit split because the Ninth and First Circuit decisions on this issue are inconsistent with each other. .

“The petitioners ask this Court to reconsider the important issues raised in this petition to resolve circuit differences, and to address the issue of endangered species while seeking to meet renewable energy goals. “We are seeking guidance for lower courts that will soon be faced with the same question of how to protect the law.”

Offshore wind has come under increasing criticism in recent months, from the fishing industry, which says it unfairly prohibits its operations, to the unprecedented whale death and the Nantucket Blade disaster.

But despite declining public support, government officials are still pushing for record industrialization in the Atlantic region.

Earlier this month, Massachusetts Governor Maura Healey announced the largest offshore wind procurement in the state's history, signing purchase agreements with Southcoast Wind, New England Wind and Vineyard Wind. .

Rebecca Tepper, director of the state's Department of Energy and Environmental Affairs, said the state “offshore wind is our future, and it is critical that we build on that future today.”

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Windmill prevention sign on the side of the road

A sign against wind turbines outside a home near Cisco Beach on Monday, August 5, 2024 in Nantucket, Massachusetts. (Photographer: Scott Eisen/Bloomberg via Getty Images)

“By making significant progress on the project now, we intend to lead the country in the global competition for developers, vessels, materials and expertise,” she said.

As for why environmental warnings and concerns should not deter wind energy production, Annie Hawkins, executive director of the Alliance for Responsible Ocean Development, said offshore wind companies and government agencies are working together. Masu.

“For a long time, we have been wagging our tails at wind developers, energy companies, utilities, and all the companies that promote offshore wind from an investment bank and other private sector perspective. Investing in economic benefits far outweighs environmental concerns and considerations regarding offshore wind,” Hawkins said.

“That doesn’t surprise me, because all of this is set up, from offshore wind company relationships to staffing, between federal and state agencies and offshore wind companies. , there's a real revolving door. Everything is set to take over the ocean so quickly that no matter what happens, they'll keep moving forward,” Hawkins said. .

A recent report from the Cato Institute found that while the offshore wind industry enjoys some of the greatest tax benefits, it remains “highly costly to taxpayers and ratepayers, requiring significant and increasing subsidies.” “This will lead to an increase in electricity rates and a reduction in electricity consumption.”

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The report also warned of economic deficits from offshore wind power.

“It is impossible for green energy tax credits and other subsidy programs to promote economic growth,” the report concludes. ”

“Forcing consumers and taxpayers to subsidize offshore wind jobs at a cost of millions of dollars each.” “We cannot increase overall economic growth and employment by paying much more than workers are paid each year.”

Fox News Digital reached out to BOEM and NOAA but did not receive a response by publication deadline.

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