VIRGINIA BEACH, Va. — Construction of Dominion Energy’s offshore wind farm can continue after a judge denied a request to stop it.
A coalition of conservative interest groups filed a complaint against the project developers and asked for a preliminary injunction on the Coastal Virginia Offshore Wind project while the lawsuit is decided.
However, a U.S. District Court judge said there was not enough proof that the groups filing the suit would suffer ‘irreparable harm.’ That’s something that has to be proven for the judge to grant the preliminary injunction.
At least seven whales have washed up on our shores since the beginning of the year and even more up and down the east coast. A federal lawsuit claims new offshore wind projects could make things worse.
“We need an injunction and a proper study that looks at all the cumulative aspects of these different wind farms,” said Craig Rucker, a Plaintiff in the lawsuit with the Committee for a Constructive Tomorrow.
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The complaint was filed by conservative groups including the Heartland Institute, a national non-profit that rejects the scientific consensus on climate change, aim to stop the CVOW. This petition is part of a growing narrative among offshore wind opponents that probing the ocean floor to prepare for wind turbine projects is killing whales. The lawsuit alleges there hasn’t been enough research into how the project will impact endangered whales, like the right whale.
However, the National Oceanic and Atmospheric Administration and environmental group Oceana say there is no scientific evidence linking any whale deaths to the offshore wind industry.
“There is a tremendous amount of misinformation being put forward about the connection between offshore wind activities and marine life,” said Gib Brogan with Oceana. “It’s coming from the two most common causes of death for large whales in US waters. One being hit by speeding boats and two, being entangled with fishing gear.”
RELATED: No, there isn't evidence that offshore wind projects are causing recent Virginia whale deaths
A federal judge denied the request for a preliminary injunction saying they didn’t meet the threshold of ‘irreparable harm’ if Dominion Energy is allowed to continue construction while the lawsuit moves forward. The opinion also says the groups did not consider the steps Dominion Energy is already taking to protect the whales after a report from the National Marine Fisheries Service.
That includes limiting construction to times when right whales are less likely to be in the area and stopping construction if one is spotted.
In a statement, a Dominion Energy spokesperson said they agree with the court’s decision.
“The National Marine Fisheries Service performed a thorough environmental review and the environmental protections we have in place for Coastal Virginia Offshore Wind are protective of the environment and marine wildlife,” said the spokesperson.
Dominion was allowed to begin construction of the 176 turbines this month with the first monopiles installed last week. The wind farm will sit 29 miles off the Oceanfront and will produce enough energy to power 660,000 homes.