A coalition of conservative organizations has been given the green light to proceed with their legal battle against a wind project supported by the Biden administration in Virginia. U.S. District Judge Loren L. AliKhan of the District of Columbia, appointed by Biden, ruled that the plaintiffs can continue their fight against the Coastal Virginia Offshore Wind project. However, the judge denied their request for a preliminary injunction to stop the construction of the project.
The plaintiffs, which include the Committee for a Constructive Tomorrow, the Heartland Institute, and the National Legal and Policy Center, filed a lawsuit against the Biden administration and Dominion Energy to protect the North Atlantic right whale under the Endangered Species Act. The lawsuit specifically names several government agencies and officials involved in approving the project.
Despite the setback of not getting the preliminary injunction, the plaintiffs have decided to continue their efforts to halt the construction of the wind project. Paul Kamenar, counsel for the National Legal and Policy Center, explained that they made a strategic decision to forego an expedited appeal in order to focus on arguing the merits of the case. He mentioned that Dominion Energy would have to stop work from December to May 2025 regardless of the outcome of the appeal.
The lawsuit aims to compel Dominion to stop construction until the Bureau of Ocean Energy Management develops a new plan to protect the North Atlantic right whale. The plaintiffs argue that the approval process for the offshore wind project ignored critical errors that could harm the endangered whales.
While federal agencies involved in the approval declined to comment on the ongoing litigation, Dominion Energy expressed confidence in the project’s environmental safeguards. The company stated that the environmental protections in place for the Coastal Virginia Offshore Wind project are sufficient and that the issues raised in the lawsuit are without merit.
The judge’s decision focused on whether the construction would cause irreparable harm to the plaintiffs rather than the larger question of whether the project violates the Endangered Species Act. Dominion argued that the North Atlantic right whales are unlikely to be in the area during construction, but if they are spotted, work would be halted.
If completed, the Coastal Virginia Offshore Wind project would be the largest of its kind, with 176 wind turbines towering over the ocean just off the coast of Virginia Beach. The plaintiffs remain committed to their efforts to protect the North Atlantic right whale and ensure that the project does not cause harm to the environment.
