Thomas Melone, who owns a home on the Vineyard and is the president of a solar energy company, filed a legal challenge to the offshore wind energy project's federal approvals in appeals court Monday.
A seasonal Edgartown resident is challenging a federal court’s ruling on his lawsuit that tried to halt Vineyard Wind, the offshore wind energy development in construction south of the Island.
Thomas Melone, who owns a home on the Vineyard and is the president of a solar energy company, filed a lawsuit in 2021 against the National Marine Fisheries Service, claiming several agencies were violating the Endangered Species Act when they approved the 62 turbines. That case was dismissed by U.S. District Court judge Indira Talwani in August.
On Monday, Mr. Melone filed a brief with the U.S. First Circuit Court of Appeals, claiming the National Marine Fisheries Service did not meet all of the federal requirements when it approved Vineyard Wind, and that some of its interpretations of statutes are “unreasonable.” In his brief, he also contended the U.S. District Court erroneously allowed Vineyard Wind to be involved in his lawsuit.
Mr. Melone’s case centers on the fisheries service’s approval of Vineyard Wind’s “incidental harassment authorization.” The authorization from the federal government allows projects to disturb certain species, which in Vineyard Wind’s case are whales, turtles and other marine animals.
The National Marine Fisheries Service grants authorizations if the agency determined the project’s will have a negligible impact on the species. The 62-turbine project was allowed to disturb the patterns of, but not injure, 20 right whales.
Mr. Melone new appeal claims the court improperly deferred to the fisheries service, never defined a specific geographical region for the harassment authorization, and said the fisheries service’s policy for what constitutes a “small number” of affected animals is overly broad.
“NMFS never made a specific determination as required by the statute of whether the take it was authorizing in the Vineyard Wind [incidental harassment authorization]... constituted a ‘small number’ for the specific species of the North Atlantic Right Whale,” he wrote in his brief filed with the court.
A spokesperson for the National Oceanic and Atmospheric Administration, which the fisheries service falls under, declined to comment on the case Monday, citing the pending litigation.
Several legal challenges have tried to halt construction of Vineyard Wind, expected to be the first commercial-scale offshore wind energy farm in the U.S., but all have been dismissed.
Vineyard Wind completed its first turbine earlier this fall and said it could start generating power before the end of the year.
Comments
Thank you Mr. Melone for
Vineyard Resident VineyardThank you Mr. Melone for pursuing this case. The federal government has put wind energy interest ahead of marine wildlife for far too long. Locating the turbines farther offshore could minimize destruction of wildlife while protecting the scenic views cherished by so many. We would all be better off if only the wind developers would spend the extra money to accomplish this goal.
A challenge to Vineyard Wind
Frank Brunelle Beach RoadA challenge to Vineyard Wind and Construction is well overdue. The incessant pounding, why? The acquisition of valuable beach front, and the environmental impacts supposedly permissible because wind power is less polluting is nonsense. Co2 runs parallel to GDP (Gross Domestic Product) - which - must increase every year in order to maintain our life styles by about 3%. So, offshore wind can reduce Co2 but on a scale of 105 trillion dollars of economic activity it will not have a decisive impact - far from it. So I applaud all efforts to reveal the truth and block Vineyard Wind.
Perhaps if it fails the structure they built on Beach Road can become our new Town Hall - a structure ready built that would last for centuries. Vineyard Wind has made us endure months of banging steel supports around 30 feet deep. We lost a critical area of beach for them. The impacts on our environment, fishing, birds, views, whales and noise are absurdly out of proportion to its minimal impact on co2.
The architecture is brutListic and a style we thought was long abandoned. But no, it is back.
Owns a solar company.......?
B Mac OBOwns a solar company.......? Hmmmm.....
Abnormally high numbers of
Metacom AquinnahAbnormally high numbers of whale and dolphin carcasses have washed ashore since construction began. The late founder of Vineyard Wind said he didn't want his project to go ahead if it endangered marine life. It's a blight and a security risk to our Navy, Coast Guard and fishermen, the pylons for the rigs drive so deep, they penetrate into the island's aquifer. They must go!
Why would a president of a
Peter Pfluger Oak BluffsWhy would a president of a solar company use a worn-out excuse to stop an offshore wind farm from producing clean energy. Could it be that greed among presidents of alternative, clean energy companies are already fighting for power, money, and to be the King Kong at the top of the industry? I think Mr. Melone might as well sue the Planet Earth for allowing the over population of the human species that is actually responsible for the pollution that is creating global warming and climate change. These factors will certainly "disturb" and cause mass extinctions to marine animals and to many life forms on this planet including solar company presidents.
I hope Mr. Melone wins his
Rick Harrington WESTPORT, MAI hope Mr. Melone wins his appeal.
I hope that if Mr. Melone
don keller Vineyard HavenI hope that if Mr. Melone wins this case and he stops V.W from proceeding because he is sooooo concerned about the whales and other marine mammals he has enough financial resources left to go after the REAL culprits. That is the shipping companies, and owners of large luxury yachts.
Since the worlds' first offshore wind farm (Vindeby) came on line in 1991, there has not been a single confirmed marine mammal death associated with any of the hundreds of wind farms operating around the world.
Between 1991 and 2016 83 North Atlantic right whales have been confirmed to have died from ship strikes or entanglement.
If I may follow with unfounded concerns, we should also be worried about solar panels.
A strong hurricane could blow panels off of the roofs of houses and carry them out to sea where they may fall on a marine mammal. Just because it hasn't happened yet, doesn't mean it can't happen in the future.
We can never be too careful when it comes to these magnificent animals.
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