Nantucket nonprofit says wind farm will harm whales, petitions Supreme Court

A Massachusetts non-profit is standing up against a project bringing wind turbines to the Nantucket coast. ACK For Whales is challenging the federal approval granting the Vineyard Wind project, turning to the U.S. Supreme Court for help.

The federal government gave the green light in 2021 to develop wind energy 15 miles from Nantucket and Martha’s Vineyard. Sixty-two wind turbines will fill the ocean, generating enough electricity to power 400,000 homes.

ACK For Whales sued National Marine Fisheries Service and the Bureau of Ocean Energy Management for ignoring the Endangered Species Act. The group said there were flaws in permitting the project and the federal agencies didn’t consider the impact the project would have on whale species.

A district court dismissed their lawsuit and in April 2023, an appeals court sided with the lower court’s decision. The appeals panel said the project does not jeopardize North Atlantic whales and research was performed to reduce risk and exposure to marine life.

The group pointed to Summer 2024, when blade debris washed up on a Nantucket beach, through the same waters whales use for migration. The petition to the Supreme Court said the government isn’t using the “best available scientific and commercial data available.” ACK For Whales said it has led to at least a dozen species becoming extinct and overall shrinking the population of whales.

However, during the summer of 2024, the Supreme Court overturned the ‘Chevron Doctrine,’ which allowed for a broad interpretation of laws directly at play in the Vineyard Wind case. ACK For Whales is hoping the Supreme Court will review the initial ruling.

The Department of Justice said it believes the current rulings are correct and the Vineyard Wind project already considered environmental impacts during the approval phase.

The Supreme Court will review the petition in early 2025.