Federal Lawsuit Aims To Stop Atlantic Shores Offshore Wind Farm

LONG BEACH ISLAND, NJ — A local grassroots group opposing offshore wind has filed a federal lawsuit against several agencies and the Atlantic Shores offshore wind project, claiming violations of environmental statutes.

The lawsuit by Save Long Beach Island (Save LBI) is the latest in a series of litigation filed against the Atlantic Shores South project, which will be 8.7 miles off the coast of LBI at its closest. Read more: LBI Offshore Wind Farm Will Violate Noise Ordinances, Lawsuit Says

“This lawsuit serves as the first of its kind, launching a wide-ranging challenge against Atlantic Shores’ federal approvals, based on violations of environmental statutes such as the National Environmental Policy Act, the Endangered Species Act, the Marine Mammal Protection Act, the Outer Continental Shelf Lands Act, the Coastal Zone Management Act, and the Clean Air Act,” said Thomas Stavola, Jr., Esq., the attorney representing Save LBI. “We believe we have organized a compelling case that will demonstrate that these federal agencies were derelict in their respective duties to take critical information into account, and moreover, made arbitrary assumptions that entirely failed to disclose and consider the injurious impacts of the Atlantic Shores South project.”

The ultimate goal is to rescind federal approvals and halt the Atlantic Shores South project, Save LBI said. Eight other co-plaintiffs have joined the lawsuit.

Bob Stern, president of Save LBI, says that noise from the offshore wind farm will harm and kill marine mammals, including the North Atlantic right whale.

The National Oceanic Atmospheric Administration (NOAA) has said previously that no scientific evidence exists that offshore wind activities are connected to whale deaths.

Atlantic Shores has said that it will comply with federal agencies and minimize risk to wildlife.

“We hope this lawsuit will serve as the vehicle to finally illuminate the damage being wrought
here and to impose significant pressure on Atlantic Shores to withdraw, as their obfuscation of
the project’s true effects are indefensible. The agencies simply cannot objectively argue that
their approvals were made in accordance with the best science,” Stern said.