Three public interest groups have taken further action against Dominion Energy, less than a month after filing a lawsuit to halt the construction of Virginia’s offshore wind project. This time, their concerns are focused on the endangered North Atlantic right whale.
The Heartland Institute, the Committee for a Constructive Tomorrow, and the National Legal and Policy Center made an announcement on Tuesday. They revealed that they had submitted a Freedom of Information Act request for Dominion Energy’s species protection plan. These documents were initially filed by the company with the federal Bureau of Ocean Energy Management.
Dominion has been accused by the groups of concealing its species protection plan from plain view.
On March 18, the organizations took legal action against Dominion and government agencies involved in approving the Coastal Virginia Offshore Wind project. They argued that the agencies deliberately bypassed certain aspects of the approval process in order to expedite the project.
According to Collister Johnson, Jr., senior adviser to the Committee, federal agencies have a responsibility to evaluate the potential environmental effects of major projects, including their impact on endangered species and their habitats. However, the Bureau’s assessment only focused on the Coastal Virginia Offshore Wind Project and did not consider other offshore wind developments that could disrupt the species’ migratory path. The plaintiffs argue that such an evaluation is necessary. It is worth noting that the Biden administration has already given approval to eight commercial-scale offshore wind projects.
According to Collister Johnson, Jr., senior adviser to the Committee, it is important to recognize and not downplay the actual harm when it comes to the courts’ rulings.
According to the Heartland Institute, a right whale, which is an endangered species, was found dead about 50 miles off the Virginia coast. This marks the fourth documented North Atlantic right whale death in U.S. waters this year. The Bureau highlights the critical state of the species, stating that even a single death caused by humans per year could significantly increase the risk of extinction.
The Center Square reached out to BOEM for comment on the pending litigation, but the agency declined to provide any statements. However, a few months ago, BOEM did release a statement regarding the protection of right whales in the context of extensive offshore wind development.