Massachusetts Offshore Wind Project Beats Second Federal Appeal

The First Circuit blocked another challenge related to a wind energy project off the coast of Martha’s Vineyard, finding that the National Marine Fisheries Service complied with federal law in authorizing pile-driving noise during construction that could harass whales.

Thomas Melone, a Martha’s Vineyard resident who owns two solar energy companies, sued the agency, arguing it didn’t properly consider the pile driving noise’s potential impact on the endangered North Atlantic Right Whale.

“It is clear from the record that NMFS applied its scientific expertise to consider the nature of Vineyard Wind’s activities and the type of harassment expected to occur,” ...