Tag Archives: Atlantic right whales

Breaking News: Dominion Energy Atlantic Coast Offshore Wind Project Delayed by Lawsuit Seeking to Protect Endangered Right Whale

From Watts Up With That?

From The Heartland Institute.

Lawsuit seeks preliminary injunction to force comprehensive studies on the massive project’s effect on habitat of critically endangered North Atlantic right whale

Spike in whale deaths occurring at same time early stages of project got underway off Atlantic Coast

Judge’s ruling stops project that was slated to begin ‘pile driving’ this week; gives Dominion, Biden Administration May 6 deadline to respond to legal challenge

WASHINGTON, DC (May 1, 2024) — An order by a federal judge on Monday delayed the start of “pile driving” construction for a massive wind project off the Atlantic Coast by Dominion Energy. Judge Loren L. AliKhan convened an expedited status conference hearing in response to a coalition of three public interest groups—The Heartland Institute, the Committee for a Constructive Tomorrow (CFACT), and the National Legal and Policy Center (NLPC)—suing Dominion and the Biden administration, claiming they have not done the legally required research to determine the project won’t harm the critically endangered North Atlantic right whale.

The coalition requested a preliminary injunction Monday to stop the project before pile driving began, allowing time to further study its environmental impact – specifically the cumulative risk this project and others along the Eastern Seaboard, pose to the North Atlantic right whale, of which only 350 remain, including an estimated 70 females capable of weaning a calf.

In Monday’s hearing, Judge AliKhan expressed concern that Dominion Energy did not yet gain approval by the federal government for its five mitigation plans, and she grilled the attorneys for Dominion Energy and the Justice Department (DOJ) about when they would gain approval. While Dominion and the DOJ were vague in their answers, the judge ordered them to file a status report on approval by this Friday, May 3. She also ordered Dominion and the Biden administration to file their response to the coalition’s lawsuit by May 6, and for the coalition to file its response by May 9. She is expected to rule on the preliminary injunction shortly thereafter.

See previous press releases about the efforts by the coalition of The Heartland Institute, CFACT, and NLPC at this link.

To speak to members of the coalition filing suit to protect the North Atlantic right whale, please contact Jim Lakely at jlakely@heartland.org or text/call 312-731-9364.

Along with the preliminary injunction, the coalition on April 2 filed a request under the Freedom of Information Act (FOIA) to compel Dominion Energy to reveal the methods it intends to use to protect the critically endangered Right Whale from extinction. Dominion has hidden its species protection plan from public view.

Dominion Energy stated in documents filed with the Bureau of Energy Management (BOEM) that it intended to begin offshore construction activities no later than May 1. The project plans to erect 176 giant wind turbines—with each tower taller than the Washington Monument, and turbine blades longer than a football field—to be constructed in the open ocean 25 miles off the coast of Virginia Beach, Virginia. If completed, the project would be the largest of its kind in the world.

This Dominion Energy project is but one of many massive offshore wind projects mandated by an executive order issued by President Biden on January 27, 2021 declaring that a “climate crisis” exists which “threatens mankind’s existence.” The Biden administration has given fast-track approval to dozens of wind projects off the East Coast with the goal of producing 30 gigawatts of electricity by 2030.

The amount of federal waters leased for these projects constitutes an area larger than the states of Rhode Island and Connecticut combined. The North Atlantic right whales would be forced to navigate a gauntlet of 32 separate lease areas from Georgia to Maine twice each year.

In the midst of a spike in whales washing up on shore in East Coast states, a dead North Atlantic right whale was found near Virginia Beach on March 30. It was a female, named “Catalogue No. 1950” by the New England Aquarium. accompanied by a newborn calf. That marked the fourth documented North Atlantic Right Whale death in US waters this year. Experts do not expect the calf to survive without the support of its mother. According to the Clearwater Marine Aquarium’s aerial survey, the mother had successfully raised five prior calves.

CFACT issues “intent to sue” over offshore wind, releases new study

CFACT is not just talking about the tragic mistake of offshore wind, we are taking action.

This week CFACT, partnering with The Heartland Institute, filed their joint intent to bring a lawsuit against the Bureau of Ocean Energy Management (BOEM) and the National Marine Fisheries Service (NMFS) for abrogating their responsibility to protect the endangered Right Whale from the rush to construct wind turbines.

As we state in our press release, “The North Atlantic right whale is listed as ‘critically endangered’ by the governments of both the Commonwealth of Virginia and the United States. Numerous studies by federal and environmental organizations have found that only about 350 North Atlantic right whales remain in existence.”

Unprecedented numbers of whales have been found dead along our coasts as wind turbine construction proceeds.  BOEM released its “biological opinion,” giving Dominion Energy a green light to proceed with building its 2,600 MW Coastal Virginia Offshore Wind (CVOW) project 27 miles off Virginia Beach. This biological opinion has numerous pitfalls, including a failure to rely upon the “best available science” and employing a piecemeal approach to assessing risk to marine mammals that minimizes their actual lethality.

If bureaucrats refuse to do their jobs, we aim to force them!

To make matters worse, the Biden Administration’s energy strategy is terribly misguided in claiming offshore wind will meaningfully reduce greenhouse gas emissions.  CFACT released a study this week which concludes, among other things, that “the net ‘carbon’ (carbon dioxide) reduction effects of offshore wind development are hugely negative and cannot justify further investments in this industry.”

You can read the entire study by David Wojick, Ph.D., and CFACT senior policy advisor Paul Driessen at CFACT.org.

The verdict is in regarding offshore wind. When one considers the incredible costs, its threat to the power grid, and the potentially severe threat to marine life, the way forward is simple…

Stop building offshore wind.

Read CFACT’s wind turbine study here

Craig Rucker

Craig Rucker is a co-founder of CFACT and currently serves as its president. Widely heralded as a leader in the free market environmental, think tank community in Washington, D.C., Rucker is a frequent guest on radio talk shows, written extensively in numerous publications, and has appeared in such media outlets as Fox News, OANN, Washington Times, The Wall Street Journal, and The Hill, among many others. Rucker is also the co-producer of the award-winning film “Climate Hustle,” which was the #1 box-office film in America during its one night showing in 2016, as well as the acclaimed “Climate Hustle 2” staring Hollywood actor Kevin Sorbo released in 2020. As an accredited observer to the United Nations, Rucker has also led CFACT delegations to some 30 major UN conferences, including those in Copenhagen, Istanbul, Kyoto, Bonn, Marrakesh, Rio de Janeiro, and Warsaw, to name a few.

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