A Massachusetts federal judge from the District Court held that the Bureau of Ocean Energy Management (BOEM) and the National Marine Fisheries Service (NMFS) fully complied with the Endangered Species Act (ESA) and the National Environmental Policy Act (NEPA) in approving the offshore wind farm Vineyard Wind.
The District Court agreed with BOEM and NMFS that the best available science was considered in protecting the endangered North Atlantic Right Whale (NARW) and approving the project with an extensive suite of mitigation measures to reduce risk to the species. The court rejected all of the plaintiffs’ claims that the federal agencies had failed to analyze certain studies and data relating to the NARW. The District Court is expected to issue opinions in the coming weeks regarding two other challenges to the Vineyard Wind project.