December 9, 2021

Volume XI, Number 343

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At Least These NIMBYies Are Honest -- Another Legal Challenge to the Vineyard Wind Project

Today brings another lawsuit in federal court by NIMBYies, this time on Nantucket, seeking to kill the Vineyard Wind project.  As in a lawsuit filed by a Martha's Vineyard NIMBY earlier this summer, the Nantucket NIMBYies allege the Federal Government has failed to adequately assess the environmental impacts of this critically important renewable energy project.

Experts will say that's ludicrous -- the several thousands of pages of environmental impact statement comprehensively identify potential negative impacts and every way possible to mitigate them.  The Vineyard Wind developer has also agreed to pay for the negative impacts that can't be mitigated.

At least these NIMBYies are honest about why they are using litigation to try to kill the project despite all of that.  They "will be able to view the proposed wind farm from public and private vantage points on Nantucket" and they're also "deeply committed to the historical heritage of Nantucket, which the Vineyard Wind project is sure to damage."

Whether or not there is any truth to those suggestions, there's certainly no mention in the complaint about the impact of climate change on those "vantage points", or the effect of the warming seas on the whales the NIMBYies claim to care so much about.   And it is worth mentioning that right now other residents of Nantucket are desperately trying to save their homes from the erosive effects of Greenhouse Gas fueled climate change.

For those of you who are confident these NIMBYies will ultimately be put in their place, let's remember that it has been two decades since an off shore wind project was first proposed off the coast of Massachusetts.  The last one was abandoned after years upon years of appeals.

©1994-2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XI, Number 237
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About this Author

Jeffrey R. Porter, Environmental Attorney, Mintz Levin, Risk Analysis Lawyer
Member

Jeff leads the firm’s Environmental Law Practice. He is also a member of the firm’s Policy Committee. For 23 years, he has advised clients regarding complex environmental regulatory compliance and permitting issues, including issues relating to air and water discharges and hazardous waste storage and disposal. In 2011 and 2012, the firm received the Acquisition International Legal Award for “US Environmental Law Firm of the Year.” The awards celebrate excellence and reward firms, teams and individuals for their contribution to client service, innovation and commitment to quality.

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617-348-1711
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