Public Interest Groups Challenge Approval of Coastal Virginia Offshore Wind Project Over Whale Concerns

Credit: Dominion Energy

A coalition of public interest groups has filed a lawsuit against the Biden administration, challenging the recent approval of the 2.6-GW Coastal Offshore Wind (CVOW) project. The lawsuit, filed in the District Court for the District of Columbia, alleges that regulators failed to adequately consider the project's impact on endangered whales.

The Heartland Institute, the Committee for a Constructive Tomorrow (CFACT), and the National Legal and Policy Centre are seeking a preliminary injunction to block Inc (NYSE:D) from starting construction on May 1 as planned. They aim to halt construction until agencies provide “verifiable protection” against potential harm to the North Atlantic right whale population.

According to the coalition, the (BOEM), the National Marine Fisheries Service (NMFS), and other government agencies have ignored procedural errors that could endanger the North Atlantic right whale population, which numbers only about 350 individuals.

Heartland Institute President James Taylor criticized NMFS for issuing an “erroneous biological opinion” that failed to provide meaningful protection for the endangered species.

The CVOW project, which will consist of 176 turbines in a lease area off the coast of Virginia Beach, is expected to be operational in late 2026 and will provide electricity to approximately 660,000 homes.

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