The attached petition from Save the East Coast Inc. et al requests that NOAA revoke the Empire Wind Letter of Authorization using the emergency authority delineated at 50 C.F.R. § 216.106(f).
This is a strong filing, but revocation would be difficult given the extensive development activity to date and the Administration’s decision in May to allow the project to go forward.
Vineyard Wind is now sending power from 17 turbines to the Massachusetts grid, up from four in May.
According to satellite images, it appears at least 40 of the project’s 62 turbines are in the water as of this month.
Can’t tell how many blades are from the Canadian plant that manufactured the blade that failed, and therefore need to be removed and replaced.
A cross-examination of past detailed maps from Vineyard Wind and new satellite images suggests that about 22 of the 40 seemingly installed turbines are likely complete.
A second turbine installation vessel, the new Danish jack-up Wind Pace, has arrived and is assisting the Sea Installer, the primary installation vessel.
Given the absence of updates from Vineyard Wind and its regulators, the excellent reporting by local media like the New Bedford Light and Nantucket Current is much appreciated.
Turbine tower components stand tall at the New Bedford Marine Commerce Terminal in April 2025. Credit: Eleonora Bianchi / The New Bedford Light
Nantucket Current:Nantucket officials and attorneys will hold a press conference next Tuesday, July 29th, at 9:30 a.m. regarding “Vineyard Wind’s failure to meet its legal and public commitments to the community.”
“BSEE’s comprehensive and independent investigation is ongoing,” an agency spokesperson wrote in an email to the Current on Tuesday. “There is no timetable for the completion of the investigation, as BSEE focuses on ensuring that the investigation is thorough and complete.”
Debris from the failed Vineyard Wind blade littering the south shore of Nantucket in July 2024. Nantucket Current photo.
Nantucket reached a settlement agreement (attached) with turbine manufacturer GE Vernova (GEV), praising that company while criticizing Vineyard Wind (VW), the lessee and operator:
“The Town of Nantucket commends GE Vernova for its leadership in reaching this agreement. By contrast, the Town has found Vineyard Wind wanting in terms of its leadership, accountability, transparency, and stewardship in the aftermath of the blade failure and determined that it would not accept Vineyard Wind as a signatory to the settlement,”the town stated Friday morning.
Comments:
For a relatively modest sum ($10.5 million) paid by the contractor (GEV), the agreement further limits the Town’s ability to hold Vineyard Wind, the lessee and operating company, accountable. See sections 4, 5(a), and 9 of the agreement.
The Town’s ability to challenge the project was already compromised by their unpopular “Good Neighbor Agreement.”
What ever happened to operator responsibility? This fundamental tenet of the OCS oil and gas program also applies to offshore wind. Vineyard Wind should be the party that is fully accountable for the damages associated with their project. VW can seek compensation from GEV, but VW is the accountable party.
Can you imagine if BP had attempted to stay on the sidelines while Transocean and other contractors settled claims associated with the Macondo blowout? Unthinkable!
Nantucket should have insisted on VW’s participation, rather than excluding them.
What does the lessor, the Federal govt, have to say about damage compensation? Are civil penalties forthcoming? When will we finally see the BSEE investigation report!
Given the investigation’s significance, not only for Vineyard Wind, but for other offshore wind projects planned or under construction, how is the delay in issuing the report acceptable?
Keep in mind that the lengthy and complex National Commission, BOEMRE, Chief Counsel, and NAE reports on the Macondo blowout were published 6 to to 17 months after the well was shut-in.
Radar interference is one of the key issues in the law suit against the Empire Wind project. Congressman Smith’s press release (attached) focuses on that issue.
Along with other charges, the attached complaintasserts that awarding a wind lease to Norway’s Equinor, violates the Outer Continental Shelf Lands Act (OCSLA):
As an agency or instrumentality of Norway, Equinor cannot receive a lease on the Outer Continental Shelf for offshore wind turbine development or generation of electric power.
While other elements of the complaint appear to have merit, the charge against Norway does not. Here’s why:
US subsidiaries of foreign companies have long held leases under the OCS Lands Act.
Equinor US Wind is the US subsidiary holding the wind lease.
Equinor USA E&P holds interests in OCS oil and gas leases in the Gulf of America. BOEM credits 548,389 barrels of oil production to Equinor for 2023.
Chinese state-owned CNOOC has been an oil and gas lessee in the Gulf of America.
US subsidiaries of Shell and BP, both foreign corporations, are the top 2 producers in the Gulf. Although not government owned, there is nothing in OCSLA that distinguishes between US subsidiaries of private and govt owned companies. Woodside (Australia) and Eni (Italy) are also important Gulf producers.
The plaintiffs second count (excerpt below) seems to have more merit. The bulk of the filing pertains to this count.
BOEM never completed its “necessary review”, see Stop Work Order, April 16, 2025, and, instead, reinstated the Empire Wind work permit on May 19, 2025 without any explanation or finding, stating as follows: On April 16, 2025, the Bureau of Ocean Energy Management issued a Director’s Order to Empire Offshore Wind LLC to halt all ongoing activities related to the Empire Wind Project on the outer continental shelf. That Order is hereby amended to lift the halt on activities during the ongoing review.
The complaint goes on to discuss the reasons why the plaintiffs believe the review was indeed necessary and should have been conducted.
Thialf: a character in Norse mythology who was Thor’s servant.
The Heerema Thialf, a semi-submersible crane vessel (SSCV), is a rather massive presence in coastal waters. The vessel is 661 feet long and 470 feet high, with a lifting capacity of up to 14,200 metric tons, and is the second-largest of its kind.
The Thialf, which set a world record in 2000 by lifting the 11,883-metric-ton Shearwater topside structure in the North Sea, will be driving piles for 54 Vestas 15 MW wind turbines and a substation structure that are part of Equinor’s controversial Empire Wind project.
John Smith tells me that the Thialf is one of the heavy lift vessels being considered for removing California offshore oil and gas platforms. The vessel is too large for the Panama Canal and would have to make the trip around South America or across the Pacific, depending on where it was last working.
The Thialf’s day rate has not been disclosed, but is likely greater than $500k. Equinor claimed to be losing $50 million/week when the project was paused. Thialf costs were presumably a significant chunk of those losses.
ACK For Whales, the Wampanoag Tribe of Gay Head / Aquinnah, Green Oceans, a coalition of charter fishing groups and seven individuals filed suit in federal court asserting that the Departments of Interior and Commerce violated the law when they approved the Record of Decision (ROD) for the New England Wind 1 and 2 projects.
Construction has not yet begun on the New England Wind 1 and 2 projects. The leases abut Vineyard Wind’s troubled lease 0501 (see above map), site of last summer’s turbine blade failure.
“In offshore wind project after offshore wind project, from Revolution Wind, Vineyard Wind and New England Wind to the others, the government was so desperate to rush these projects that it cut corners and violated the law,” Oliver said. “The government didn’t care if it trampled on the Wampanoag sacred beliefs and rites, hurt the charter boat, fishing and lobster industries or wiped out the Right whales. The only thing that mattered was to get these environmentally destructive turbines built, costs to the rest of us be damned.”
ACK FOR WHALES, INC., VALLORIE OLIVER, AMY DISIBIO, VERONICA BONNET, DOUGLAS LINDLEY, STEVEN AND SHARYL KOHLER, DANNY PRONK, WILLIAM VANDERHOOP, GREEN OCEANS, RHODE ISLAND PARTY AND CHARTER BOAT ASSOCIATION, CAPE COD CHARTER BOAT ASSOCIATION, INC., CONNECTICUT CHARTER AND PARTY BOAT ASSOCIATION, INC., MONTAUK BOATMEN AND CAPTAINS ASSOCIATION, INC. and WAMPANOAG TRIBE OF GAY HEAD AQUINNAH
Defendant:
UNITED STATES DEPARTMENT OF COMMERCE, NATIONAL MARINE FISHERIES SERVICE, BUREAU OF OCEAN ENERGY MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR, DOUG BURGUM, in his official capacity as Secretary of the Interior, WALTER CRUICKSHANK, in his official capacity as the Director of the Bureau of Ocean Energy Management, HOWARD LUTNICK, in his official capacity as the Secretary of Commerce and EUGENIO PIEIRO SOLER, in his official capacity as the Assistant Administrator of the National Marine Fisheries Service