A broad coalition of commercial fishing industry interests has appealed to the US Supreme Court to challenge authorization of the Vineyard Wind 1 offshore wind project.
The Responsible Offshore Development Alliance (RODA) filed a petition for a writ of certiorari explaining that the US Interior Department reinterpreted statutory language of the Outer Continental Shelf Lands Act (OCSLA) to approve Vineyard Wind 1.
Section 1337(p)(4) of OCSLA requires that the Secretary of the Interior “shall ensure” that any approved activities – including offshore wind projects – are consistent with congress’s requirement to ensure, “prevention of interference with reasonable uses,” such as the, “use of the sea, or a seabed for a fishery.”
"In 2021, the interior department effectively reinterpreted the statute to authorize Vineyard Wind 1, claiming the 'shall ensure' language merely requires these factors be 'considered' or 'balanced' against the need for offshore wind," said RODA.
"Commercial fishermen have expressed serious concerns about offshore wind development from the very first offshore wind auction gavel-strike in 2013.
"Yet despite years of pleas, their operational requirements have all been ignored in the federal offshore wind leasing and permitting process."
Vineyard Wind 1 was the first approved commercial-scale offshore wind project and its approval may set the precedent for future US offshore wind development.
"The construction and operation of up to 3,000 offshore wind turbines, along with thousands of miles of high-voltage electric cables plus offshore substations and offshore AC/DC converter stations placed in our seas, will forever alter the pristine ocean marine environment Americans cherish and have vigorously protected," added RODA.
"Offshore wind will forever change our oceans, and have lasting effects to US commerce, navigational safety, search and rescue operations, commercial, charter, and recreational fishing, and public enjoyment of our waters."
