A group of Nantucket residents filed a lawsuit Wednesday against the U.S. Bureau of Ocean Management and others, claiming federal officials did not adequately consider the adverse effects on the North Atlantic Right whale and other marine life.
A group of Nantucket residents filed a lawsuit Wednesday against the U.S. Bureau of Ocean Management and others, claiming federal officials did not adequately consider the adverse effects on the North Atlantic Right whale and other marine life when they approved the Vineyard Wind project.
In a 36-page complaint filed in U.S. District Court in Boston, a group calling itself ACK RATS (Nantucket Residents Against Turbines) and co-founder Vallorie Oliver asks the court to compel the BOEM, the National Oceanic and Atmospheric Administration and the National Marine Fisheries service to redo their environmental analyses of the project.
After extensive review, BOEM issued a Record of Decision for Vineyard Wind 1 in May, clearing the way for construction to begin on the nation’s first industrial-scale offshore wind farm. The initial project calls for the installation of 62 turbines about 15 miles south of Martha’s Vineyard and Nantucket, but additional wind farms are already being planned.
In announcing the decision, federal officials hailed the project as a victory for both clean energy and economic development. Vineyard Wind 1 is expected to generated 800 megawatts of electricity annually, providing power to more than 400,000 homes.
“We can fight the climate crisis, while creating high-paying jobs and strengthening our competitiveness at home and abroad,” said Commerce Secretary Gina Raimondo at the time.
But the project has come also under criticism from fishermen, environmentalists and others, concerned about its potential effects on navigation, birds and marine life.
The lawsuit from the Nantucket group focuses chiefly on the risks to the North Atlantic Right whale, already on the brink of extinction. Scientists estimate fewer than 400 of the whales survive, and a recent study found that many of these pass regularly through the general area where the turbines will be built.
“The North Atlantic Right Whale and the other listed species affected by the Vineyard Wind project are irreplaceable parts of the fragile ecosystem that exists of the coast of Massachusetts,” the complaint says in part.
The complaint claims that federal agencies, who issued a supplemental environmental review after its initial environmental impact statement, failed to comply with the National Environmental Policy Act and the Endangered Species Act when evaluating the effects of the project and offering ways to mitigate them.
Among other things, it alleges, a biological opinion “grossly underreported the likelihood of vessel strikes against listed whale species, relied extensively on unproved and unrealistic mitigation measures to reduce such vessel strikes, and failed even to assess the negative impacts of the project on echolocation, which is the primary means by which whales communicate and navigate.”
In addition to BOEM, NOAA and the National Marine Fisheries Service, the lawsuit names Ms. Raimondo and Secretary of the Interior Deb Haaland.

Comments
A group of Nantucket
Mark VHA group of Nantucket residents who are really concerned about North Atlantic Right Whales? Give me a break! The group’s name suggests nothing of the kind. Rather, it looks to be nothing more than a cover for another NIMBY (Not In My Backyard) group.
Bingo. A bunch of rich
Carol formerly ChilmarkBingo. A bunch of rich NIMBYS who only care about "their" view. Like climate change isn't killing the right whales b!!y wiping out their food supply and changing where they have to feed, which is why they've moved into shipping channels following the food, which is why they keep getting struck & killed by ships. GO WIND POWER. We need it.
I hope it is not to late for
Bob EdgartownI hope it is not to late for this law suit to actually stop this for awhile. As time goes by we find more reasons why this project should not be built and how little it will actually do for the climate. But huge what it does to tax payers pockets.
The suit will fail. Biden
T Bone Oak BluffsThe suit will fail. Biden wants the wind farm. Rich people of ACK just wasting some of their wealth on lawyers. The lawyers are happy taking their money.
I wish we could hear some
Tim EdgartownI wish we could hear some support from John Kerry on this… he has been radio silent…
Mr Kerry we need your support on this to get it done.
Thank you
I agree. Mr. Kerry is
Al OBI agree. Mr. Kerry is working hard on many climate change issues as we speak. Thankfully he is on the Biden team leading the way on this most important issue at hand.
Oh Mr. Kerry is leading the
Sarah Miller RI, Cape CodeOh Mr. Kerry is leading the way alright, on his private plane. Completely tone deaf. His plane usage alone goes against what he preaches about battling climate change . He’s part of the problem, not the solution. Wake up. Another example of ‘Do what I say, not as I do ‘.
Kerry won't see it from his
Jason EdgartownKerry won't see it from his property (in a gated community away from the "little people") so he doesn't care. As long as he can keep his private jet full of fuel and ready to go so that he can "lead" the fight against climate change using other people's backyards, but never his own.
He’s too busy being a
Mark EdgartownHe’s too busy being a hypocrite flying around in his carbon efficient private jet preaching that the common man must make all the sacrifices
John Kerry? He could care
Judy NHJohn Kerry? He could care less about the environment. He is all about do as i say (because i say so) but not as i do.
Thank you ACK RATS.
Vasha Brunelle Vineyard HavenThank you ACK RATS. Increasing population and consumption are demanding ever more energy and these majestic intelligent creatures are paying the price.
This isn't a good thing for
Robby K Oak BluffsThis isn't a good thing for Martha's Vineyard, Nantucket or New England. Folks, yes, this will be in our backyard. That should concern you. Will islanders see reductions in their rates, no? Will islanders see a benefit financially? No! high paying jobs ? for who? engineers working in Europe? the mid west? Talk to a true Ocean preservationist like the Oceanservancy in Washington DC, they talk about truly sustainable fisheries that will fail with obstructions like turbines. Surfinder Foundation, Oceana, Blue Frontier Campaign, Sea Legacy...Not a group that is Eversource with a new name, pretending to care about the islands. This is not what we need. We've got plenty of barren hills in Western MA, Connecticut and north that would be bountiful sources of Wind energy. I agree with our friends from Nantucket. They have learned from MV's mistakes...and look what true preservation looks like when you walk down their town streets. Again, just my opinion. Thanks.
Have to take exception to the
Mrs. Antrobus Southwestern VermontHave to take exception to the “barren hills” statement.
The energy paradigm is slowly
robert skydell Granada, NicaraguaThe energy paradigm is slowly but finally changing. It is long overdue. Fossil fuels have done considerable harm to the global environment over the last several centuries. They are antiquated and have a deleterious effect on the entire planet.Alternatives exist.
Maybe it is time to ponder that instead of your tax or energy bill. Besides, no Right whale has ever suffered a fatal head on collision with a wind turbine monopile. Trust me on this.
One wonders if this group has
Dan WellfleetOne wonders if this group has actually witnessed any windfarm construction. The process is not harmful and even underwater construction noise generated during the pile driving phase can be masked by air curtains similar to those used off the coasts of Germany and Denmark to reduce any effects on marine life. One cannot imagine those nations are skipping the steps - and to my knowledge and experience no negative effects to the environment, fisheries or navigation have resulted.
Unless one considers durable high tech green jobs and carbon free energy to be issues. Geez - time to read their filing. Is there a link to it?
Put them off the coast of
Mark EdgartownPut them off the coast of wellfleet, we don’t want them!
Of course, these windmills
Jose Oak BluffsOf course, these windmills can harm wildlife. It’s common sense. And let’s remember that a lot of the raw materials needed to build them and other “green technology” is sourced from China who is not our friend. As for me, I favor energy independence instead of relying on China, Russia or OPEC for our energy needs. We once suffered the consequences of energy dependence in the 1970s when OPEC nations suddenly turned off the oil spigot to the US to advance their geopolitical agendas. Of course climate changes brings real risks which can’t be ignored, but so does dependence on foreign powers for our energy supply. And of course fossil fuel use and production creates challenges which are very real. That said, the US’s supply of these fuels gives us freedom from the whims of geopolitical adversaries, at least until we can build our own competitive green energy industry that is economically viable and not dependent on huge government subsidies. In other words, we must weigh the risks of climate change vs. those of being dependent on foreign powers for our energy needs. The world is getting more dangerous by the day. A decline in US power and reliance on foreign powers also has existential implications – just ask those who live in the Ukraine, Taiwan or Hong Kong.
Thank you Jose. Common sense
Tisbury West TisburyThank you Jose. Common sense is a wonderful thing, just not common...
The cost to build maintain
Mark acker TisburyThe cost to build maintain and transport this electricity is so high this company will go bankrupt and we will have to clean the mess. Hydrogen generation is coming.
Build nuke and gas fired
Charlie Callahan So Boston/edgartownBuild nuke and gas fired plants,clean cheap and plenty of juice for muffy and buffy to fire up all those high tech personal toys. And their appliances
I have seen majestic mountain
Elizabeth EdgartownI have seen majestic mountain ridgelines forever altered by these turbines. The strip mining of our generation. Half the time many of them are not working. What a mess. There are ways to save the planet without destroying the oceans.
Thank you, ACK RATS! We all
Donna Russell RochesterThank you, ACK RATS! We all need to start conserving energy again! TURN OFF THE LIGHTS! And practice population control! So many ways to help this planet without jeopardizing other lifeforms. Humans are now an endangered species and few acknowledge it. So many people; so little intelligence. Do what YOU can do, even if it's only with a light switch within your reach. Keep the wind farms out of ocean waters. A NORTH ATLANTIC RIGHT WHALE MAY THANK YOU.
Some mentally stagnant upper
R C LImber O BSome mentally stagnant upper class people have nostalgic aesthetic tendencies that will be overcome in this case because of the accelerating climate crisis.
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