Three conservative groups have filed a federal lawsuit against the Biden administration to block the Virginia Offshore Wind project, which they argue could harm the endangered North Atlantic right whale. The lawsuit, filed in U.S. District Court for the District of Columbia, alleges that the project could cause significant harm to the whale population. The groups behind the lawsuit include the Committee for a Constructive Tomorrow, the Heartland Institute, and the National Legal and Policy Center, who argue that the project’s impact on wildlife and the environment has not been properly assessed.
The lawsuit aims to halt construction of the Virginia Offshore Wind project until a new “biological opinion” is developed to ensure the protection of the North Atlantic right whale. Dominion Energy, the company behind the project, has defended its environmental review process and stated that it has put in place strong protections for marine life, including staffed protected species observers and strict speed restrictions to avoid collisions with marine mammals. However, the plaintiffs argue that the Bureau of Ocean Energy Management’s analysis did not adequately evaluate the harm the turbines could cause to the whales, and they are pushing for a more comprehensive assessment of the project’s impact.
The plaintiffs point to the limited population of North Atlantic right whales, with only about 350 individuals remaining and 55 dead whales washing ashore in other regions of the Atlantic coast since 2017. They argue that the Biden administration’s approval of the project is a result of political pressure and an allegiance to climate alarmism, rather than a consideration for the well-being of endangered species. The lawsuit alleges that the National Marine Fisheries Service’s biological opinion from September 2023 did not properly evaluate the impact of the project on the whales, in violation of the Endangered Species Act.
The Virginia Offshore Wind project, located 25 miles off the coast of Virginia Beach, consists of 176 wind turbines with towers taller than the Washington Monument and turbine blades longer than a football field. The project is part of President Biden’s efforts to address climate change and has been approved by the administration as part of a broader push for renewable energy development along the East Coast. However, the lawsuit highlights concerns about the cumulative impact of multiple wind projects on the North Atlantic right whale population, as the whales would be forced to navigate through 32 separate federally leased areas from Georgia to Maine.
The lawsuit has been met with opposition from Dominion Energy, which maintains that it has conducted a thorough environmental review of the project and implemented strong protections for marine life. The Bureau of Ocean Energy Management and the National Marine Fisheries Service, who are named in the lawsuit, have declined to comment on the pending litigation. The plaintiffs argue that the agencies have not properly considered the cumulative impact of multiple wind projects on the whale population, and they are calling for a more comprehensive assessment of the environmental impact of the Virginia Offshore Wind project and others along the East Coast.
