RODA SEEKS SUMMARY JUDGMENT AGAINST FEDERAL GOVERNMENT’S APPROVAL OF VINEYARD WIND PROJECT

By November 15, 2022 News, Press Releases

FOR IMMEDIATE RELEASE
Date Published: Monday, November 14, 2022

Washington, D.C. Monday, November 14, 2022 —On November 8, 2022, the Responsible Offshore Development Alliance (RODA) filed a motion for summary judgment in its lawsuit over the approval of the Vineyard Wind 1 offshore wind energy project against the Bureau of Ocean Energy Management (BOEM) and other federal defendants in the U.S. District Court for the District of Massachusetts. RODA is represented by Marzulla Law, LLC.

The plaintiff, a national coalition of fishery-dependent businesses and associations, commenced the lawsuit last year after BOEM approved the project. This first commercial-scale offshore wind energy facility in federal waters, along with the dozens that are expected to follow in the near future, carry significant environmental uncertainty and pose severe threats to domestic seafood production. The government’s permitting process lacks meaningful opportunities to avoid, minimize, and mitigate these effects.

The motion establishes a clear record showing that the law and facts of the case are in fishermen’s favor and that the project approval was arbitrary, capricious, and contrary to law. The filings show that BOEM’s Record of Decision and its underlying environmental review are in direct contravention of several statutes including the Outer Continental Shelf Lands Act, National Environmental Policy Act, Clean Water Act, Endangered Species Act, Marine Mammal Protection Act, Merchant Marine Act, and Administrative Procedure Act.

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About Responsible Offshore Development Alliance

Responsible Offshore Development Alliance (RODA) is a broad membership-based coalition of fishing industry associations and fishing companies — across the United States — committed to improving the compatibility of new offshore development with their businesses. The Alliance works to directly collaborate with relevant regulatory agencies, scientists, and others to coordinate science and policy approaches to managing development of the Outer Continental Shelf in a way that minimizes conflicts with existing traditional and historical fishing.

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Contact: info@rodafisheries.org