US authorities sued over 2.6-GW Coastal Virginia approval

A coalition of public interest groups has taken legal action against the recent approval of the 2.6-GW Coastal Virginia Offshore Wind (CVOW), claiming that regulators have failed to consider the project’s impact on endangered whales.

A lawsuit against the Biden administration in the US District Court for the District of Columbia was filed on Monday by the Heartland Institute, the Committee for a Constructive Tomorrow (CFACT) and the National Legal and Policy Centre. The plaintiffs are seeking a preliminary injunction of the approval of the offshore wind project, aiming to block Dominion Energy Inc (NYSE:D) from kicking off construction on May 1, as planned. Their goal is to halt construction activities until agencies provide “verifiable protection” against potential harm to the North Atlantic right whale population.

According to the think tank group, the Bureau of Ocean Energy Management (BOEM), the National Marine Fisheries Service (NMFS) and other government agencies have ignored “glaring and obvious procedural errors” that expose the North Atlantic right whale to further danger. It also states that BOEM has failed to properly assess the potential harm that the wind turbines would inflict on the species, of which only about 350 individuals remain.

“This erroneous biological opinion issued by NMFS is a classic example of abdication of its duty to provide meaningful protection for an endangered species,” said Heartland Institute President James Taylor.

The 176-turbine CVOW complex will be built in a nearly 113,000-acre (45,730-hectare) lease area off the coast of Virginia Beach. The offshore wind farm is expected to become operational in late 2026 and will be able to deliver electricity to 660,000 homes.

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