Washington, D.C. – A federal lawsuit filed in the U.S. District Court in Washington, D.C. is pitting green energy against the preservation of endangered whales. Three conservative groups, the Committee for a Constructive Tomorrow (CFACT), the Heartland Institute, and the National Legal and Policy Center, are suing the Biden administration and Dominion Energy over the proposed Virginia Offshore Wind project. The project, touted as the world’s largest wind energy venture, could potentially harm the North Atlantic right whale.
The 61-page complaint lists the Interior Department, the Commerce Department, the Bureau of Ocean Energy Management, the National Marine Fisheries Service, and Dominion Energy as defendants in the lawsuit. Dominion Energy plans to commence construction of the project on May 1.
Conservative groups argue that while the Biden administration supports renewable energy, the wind turbines could have adverse environmental effects on whales as well as birds that may collide with them. Paul Kamenar, counsel for the National Legal and Policy Center, states that the issue extends beyond the environment, highlighting potential economic costs and a less reliable energy supply.
According to Dominion spokesperson Jeremy Slayton, the lawsuit lacks merit. He emphasizes that the Bureau of Ocean Energy Management conducted an exhaustive environmental review and implemented robust protections for marine wildlife. Dominion plans to employ protected species observers to detect and avoid marine mammals and will adhere to strict speed restrictions on its vessels to prevent collisions with marine animals.
The plaintiffs argue that the Bureau of Ocean Energy Management’s “biological opinion” in September 2023 failed to assess the potential harm posed by the wind turbines to the North Atlantic right whale. They contend that a more comprehensive analysis is necessary to evaluate the combined impact of the wind projects.
Virginia Offshore Wind is projected to span 25 miles off the coast of Virginia Beach, featuring 176 wind turbines with towering towers and expansive blades. The lawsuit calls for Dominion Energy to halt construction until the ocean management agency develops a new “biological opinion” that provides adequate safeguards for the North Atlantic right whale.
The National Marine Fisheries Service and the Bureau of Ocean Energy Management declined to comment on the pending litigation. With only approximately 350 North Atlantic right whales remaining, of which 70 are capable of reproducing, the plaintiffs believe that the wind project would further endanger this iconic species.
Heartland Institute President James Taylor condemns the Biden administration’s handling of the whale issue, calling it a testament to their devotion to climate alarmism. President Biden’s executive order to combat climate change and subsequent approval of numerous wind projects along the East Coast has further intensified the debate.
As the lawsuit unfolds, the plight of the North Atlantic right whale highlights the ongoing challenge of balancing renewable energy initiatives with conservation efforts. The stakes are high as experts warn that the dwindling whale population could face additional obstacles in navigating the 32 separate federally leased areas along the Atlantic coast.