Federal government reconsiders key permit for New England Wind

The federal government has officially targeted a key permit of New England Wind, an offshore wind project planned for 20 miles south of the Island.

The Bureau of Ocean Energy Management (BOEM) filed a motion on Dec. 2 that seeks a voluntary remand as the federal government reconsiders the project’s construction and operations plan (COP), approved by the bureau more than a year ago.

The voluntary remand, which BOEM stated would avoid expensive litigation over an action that could be made moot, stems from a lawsuit filed by lead plaintiffs ACK for Whales, a Nantucket-based group against offshore wind, and other plaintiffs that challenged the federal approval of the plan under the Biden administration.

New England Wind, which includes two offshore wind farms called New England Wind 1 and 2 that together could consist of up to 129 turbines, is planned for development by Avangrid, owned by the Spain-based energy company Iberdrola. Avangrid is also part of a joint venture to develop Vineyard Wind 1.

The Times reached out to Avangrid for comment Friday.

The motion asks that as the bureau reconsiders the COP, the district court for the District of Columbia should send back the prior approval, and temporarily halt the litigation. 

The plaintiffs filed the complaint in May, and alleged that federal agencies violated multiple federal laws, including the Marine Mammal Protection Act, Endangered Species Act, National Environmental Policy Act, Outer Continental Shelf Lands Act, National Historical Preservation Act, and Administrative Procedures Act.

This is the second instance in which the feds have sought a voluntary remand, at least in the waters around Martha’s Vineyard. In mid-September, SouthCoast Wind, a 141-turbine project planned for 26 miles south of Martha’s Vineyard, was delivered a similar blow.

It was previously reported that the federal government would file a motion to vacate the project’s plan (COP) by Oct. 10. But the 45-day government shutdown delayed the process, Thomas Stavola Jr., attorney for the plaintiffs in the case, said in a Facebook post. Construction for the project has not started yet, and also awaits state power purchase agreements, a contract between a state and developer to buy electricity.