NORFOLK, Va. —
The legal battle between Dominion Energy and three organizations opposed to its offshore wind project is heating up.
In March, the Committee for a Constructive Tomorrow (CFACT), the Heartland Institute, and the National Legal and Policy Center sued Dominion Energy, alleging it hadn’t taken the necessary steps to protect the endangered North Atlantic right whale and other marine life during construction. Dominion Energy called the lawsuit “meritless.”
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In the latest development, the three organizations requested a preliminary injunction, asking a judge to stop offshore construction before it starts.
A preliminary injunction is a judge-issued order that demands a defendant stop an allegedly harmful activity while a lawsuit progresses. On Monday afternoon, Dominion Energy submitted its response to the preliminary injunction request, calling the move an “eleventh hour attempt” to stop the project.
CFACT president Craig Rucker disagrees. “We need an injunction and a proper study that looks at all the cumulative aspects of these different wind farms,” he said.
Part of Dominion’s response on Monday was a declaration of opposition from offshore wind director Grant Hollett. He wrote the company has done its research to protect the endangered species, including a biological opinion by the National Marines Fisheries Service (NMFS).
A Dominion Energy spokesperson told 13News Now that underwater foundation piling will happen when right whales are not expected in the area and double big bubble curtains will be used to diminish sound. They also said all vessels will have visual observers to look out for marine animals will strictly adhere to speed limits.
They added, “Vessels conducting pile installation will be staffed with Protected Species Observers and equipped with other methods to detect and avoid marine mammals.”
Rucker said that even so, there should be more efforts to examine how all offshore wind projects affect endangered species. He added NMFS shouldn’t be looking at each project individually.
“A whale is a migratory species. It goes past all of [the wind farms,]” he explained. “That sort of cumulative assessment is one that they did not do and one we think they’re required to under the Endangered Species Act.”
CFACT and the other organizations hope to slow the project down to give time for this cumulative information to be gathered.
“With so much at stake, again we’re talking less than 350 right whales in existence, this is something that ought to be front and center in their thinking,” said Rucker.
While the preliminary injunction request is intended to slow or completely stop Dominion’s offshore work, the energy company has no intention of pausing monopile installation. It’s scheduled to begin the process for the underwater foundation piece this week.
“Our construction schedule has not been altered,” said Dominion Energy CEO Robert Blue during a Q1 earnings report call last week. “We expect to begin monopile installation between May 6 and May 8.”
Meanwhile Rucker argued, why start construction, when a judge could pull the plug?
“To me it’s a little disrespectful to the whole hearing,” he explained. “Why can’t they wait just a few days? If they get crews out there, and all the sudden there’s a preliminary injunction, then they’re saddling people with expenses; this could all become moot in a few days.”
The plaintiffs have until this Thursday to file their reply in court before the judge will rule on the request.