tursiops.org - Alliance lawsuit is filed against federal agencies. USA

lauricedeephd writes "CAPE COD — Cape Wind is the indirect target and the federal government is right in the sites of the lawsuit filed June 25 by the Alliance to Protect Nantucket Sound and a collection of co-plaintiffs.

The suit was brought in Washington against the U.S. Bureau of Ocean Energy Management (BOE), Department of the Interior and U.S. Fish and Wildlife Service and seeks to rescind Cape Wind’s federal operating lease granted April 28 by Interior Secretary Ken Salazar, to construct 130 wind turbines in Nantucket Sound.

“We’ve seen some lax oversight of Cape Wind,” said Alliance CEO Audra Parker. “You’ve seen in the Gulf of Mexico the same lax oversight, the same legal violations.”

The prime target of the suit is the BOE, which used to be known as the Minerals Management Service (whose director was recently axed over the gulf oil spill). The suit alleges the MMS violated the Migratory Bird Act, the Alternative Procedure Act and the National Environmental Policy Act by not seeking alternatives to better protect endangered birds and whales.

“MMS also ignored or downplayed the significant concerns raised about the project’s impacts on birds and whales,” the filing declares. “MMS also discounted the concerns of expert ornithologists, selecting as its preferred alternative a project that was projected to kill thousands of birds per year – including federally listed roseate terns and piping plovers.”

It charges the three agencies with violating the Endangered Species Act by relying on an “unlawful biological opinion.”

“I am optimistic we will ultimately prevail in protecting Nantucket Sound when a decision is reached based on facts, not politics,” Parker said.

Mark Rodgers, director of communications for Cape Wind was unfazed.

“We’re moving forward in the face of litigation,” he said. “Given past litigiousness of project opponents, this is not surprising. We’re confident the comprehensive review of 10 years will stand up well to any judicial scrutiny.”

Rodgers noted none of 12 previous suits have been successful.

“In all 12 instances, project opponents have lost. So their legal track record is very weak,” he said.

Also along in the suit are the Public Employees for Environmental Responsibility, Cetacian Society International, Lower Laguna Madre Foundation, Californians for Renewable Energy, Three Bays Preservation (of Osterville) and three individuals; Cindy Lowry of Maine, Barbara Durkin of Northborough and Martha Powers of Yarmouth.

They’re concerned the approval would set a detrimental precedent for avian protection and give Cape Wind a competitive advantage over land-based wind projects that meet stricter standards.

Nantucket Sound is part of the Atlantic flyway, a key migration route for millions of birds. Roseate terns breed, feed and stage around the perimeter of the Sound. Sea mammals such as gray seals, dolphins and whales all use the Sound.

The Fish and Wildlife Service determined the project would kill 80 to 100 roseate terns and 10 piping plovers over 20 years of operation, the suit noted. Right whales were seen recently near Martha’s Vineyard.

The MMS dismissed the project’s effect on right whales by stating, “based upon the underdevelopment of whale prey species in Nantucket Sound, it is highly unlikely whales would be migrating through,” the suit says

“Right whales don’t go onto Horseshoe Shoals,” Rodgers countered. “There has been over 200 years of reported right whale sightings in Massachusetts waterways and virtually none in Nantucket Sound and absolutely none in Horseshoe Shoals. So their contention is flat out factually inaccurate.”

Cape Wind has environmental organizations on their side as well.

“Established and experienced organizations that are advocating for whales like Oceana and Greenpeace are for Cape Wind,” Rodgers said. “They realize it is a responsibly sited project and one that will contribute to healthier marine environment by reducing pollutants and fossil fuel emissions.”

Audubon weighs in

Mass Audubon released a report last week on the effects of Cape Wind.

“It’s a very strong position of support,” Rodgers said.

“They’re satisfied that Cape Wind is not going to pose a special threat to roseate terns and piping plovers. That’s the same conclusion the U.S. Fish and Wildlife Service reached. In fact, the net impact on roseate terns would be favorable because Cape Wind is providing funds to restore Bird Island in Buzzards Bay, which has severe erosion problems.”

“We’ve done three years of extensive studies on birds in Nantucket Sound from land, boats and planes and also using radar,” reported Jack Clarke, Mass. Audubon’s director of public policy and government relations. “Our conclusion is that the project will not present a significant adverse effect to any population.”

Roseate terns migrate to Monomoy in late summer from Bird Island to stage before flying south.

“Their flight path is along the coast and not over Horseshoe Shoals,” Clarke said. “We also saw no effect on piping plovers, which nest on the barrier beaches. With regard to whales Horseshoe Shoals is too shallow to support a whale population. It’s a shoal so it should be avoided. There is a large population of humpbacks, finbacks and minke whales that head up the backside of Cape Cod but they don’t migrate into the shallow water of Nantucket Sound. If they did, you might see a whale-watching industry launched from Saquatucket Harbor. ”

“Mass. Audubon has been supportive of Cape Wind for years,” observed Parker. “These national environmental organizations disagree.”

The Alliance also filed a separate lawsuit against the Department of the Interior, BOE and U.S. Coast Guard, again alleging procedures were not followed.

“Opposition is growing,” Parker said.

Source: http://www.wickedlocal.com/chatham/"