Home Economy Does new legal action by R.I. preservation groups against offshore wind hold...

Does new legal action by R.I. preservation groups against offshore wind hold water?

By

Christopher Allen

-

12/15/2023

IT REMAINS to be seen whether the appeals filed on behalf of the Preservation Society of Newport County and the Southeast Lighthouse Foundation will be successful in having the federal government reconsider its approvals of two wind farms off the coast of Rhode Island. / AP PHOTO/DAVID GOLDMAN

The lawsuits filed by preservation groups in Newport and on Block Island objecting to the federal government’s approval of wind farms off the coast of Rhode Island have garnered lots of attention, but do the legal actions stand a chance of holding up in court? It depends on who you ask. Appeals filed Nov. 22

Already a Subscriber? Log in

To Continue Reading This Article

Become a Providence Business News subscriber and get immediate access to all of our premier content and much more.

Learn More and Become a Subscriber

Critical RI business news and analysis updated daily.
1 year of print (26 issues).
Unlimited access to all subscriber only content on our website, on any device.
Free email alerts.
Annual Book of Lists Print Edition.
All special issues produced during subscription term.

Click Here to purchase a paywall bypass link for this article

PBN Branded Content

Understanding Breast Health: The Vital Role of Annual Screenings

Breast health is a critical aspect of overall well-being, and regular screenings play a vital…

Learn More

No posts to display

LEAVE A REPLY Cancel reply

The lawsuits filed by preservation groups in Newport and on Block Island objecting to the federal government's approval of wind farms off the coast of Rhode Island have garnered lots of attention, but do the legal actions stand a chance of holding up in court? It depends on who you ask. Appeals filed Nov. 22 in the U.S. District Court by Washington D.C.-based law firm Cultural Heritage Partners PLLC on behalf of the Preservation Society of Newport County and the Southeast Lighthouse Foundation against the U.S. Department of Interior and Bureau of Ocean Energy Management accuse the federal agencies of not following the regulations before approving the wind farms. The appeals say BOEM failed to comply with the levels of review required under the National Environmental Policy Act and the National Historic Preservation Act, and that the wind farms will damage historic resources, namely the waterfront views – or "viewsheds" – from the lighthouse on Block Island and the historic mansions in Newport. Previous lawsuits seeking to halt offshore wind projects along the East Coast have failed to convince federal courts they do more harm than good, but what about the impact on historic and cultural elements that can drive local revenue? “You are talking about billions of dollars,” said Greg Werkheiser, founding partner at Cultural Heritage Partners. He said preservation nonprofits have the standing and expertise to make the case. “They have the opportunity to be considered consulting parties in the regulatory process,” he said. “They are supposed to get more attention. They can make the types of arguments that can be successful in the courts.” The legal actions are targeting the South Fork Wind farm, which has already started delivering power, and Revolution Wind, which received its final federal approval on Dec. 7 and is expected to ramp up in 2024. The projects will be made up of hundreds of 800-foot-tall turbines located about 15 miles off the Rhode Island coast. The preservation groups are seeking “injunctive relief” and for the court to find the approvals violated federal laws including the National Environmental Policy Act and National Historic Preservation Act. “We are asking for them to go back and do it right,” Werkheiser said. “BOEM has skipped over the steps like a stone in a pond 30 different times.” However, Providence attorney Seth Handy, who deals with environmental and energy cases, is skeptical of the merits of the appeals, given the projects have already achieved federal approval. He said those opposed to the project had their chance to object. “Rhode Island was part of a very detailed process to determine where to site wind farms in our waters,” he said. “Newport Preservation, together with anyone else, had the opportunity to participate in that proceeding. To come forward and raise these issues now is really problematic.” As for the argument that offshore wind turbines are detrimental to tourism revenue, Handy called the argument “farcical.” “It hasn’t been true in Denmark,” he said. “There is a tourism industry there about going out and looking at the turbines.” Indeed, an Oxford Brookes University study in England found that the overall impact on tourism in the United Kingdom appears “relatively benign.” Meaghan Wims, a spokesperson for Orsted North America, the developer leading the South Fork Wind and Revolution Wind projects, declined to comment on the litigation directly. “South Fork Wind and Revolution Wind received federal construction approvals following years of reviews and scientific studies as well as public comment and other stakeholder engagement,” she said. “We will continue our work to support Northeast states’ clean energy and economic development goals by bringing well-paying jobs and local investment to the region.” What are the preservation groups hoping to accomplish with the appeal? Werkheiser declined to speculate about a potential financial settlement, but the law firm has had success in the past, securing a $170 million community benefit agreement for Brookhaven, N.Y. to compensate for environmental disruption. “Mitigation can come in nonfinancial and financial forms,” he said. “But you can only get to a realistic idea of what that should be once you go through the process that BOEM has skipped.” According to Werkheiser's argument, the agency must weigh the environmental and cultural resources that might be harmed and require that adverse effects be avoided, minimized or mitigated to the greatest extent possible. A loss of 15% of Newport’s heritage tourism economy would cost the community an estimated $5 billion during the projects’ lifespan, not adjusted for inflation, according to Cultural Heritage Partners. Beyond the call for sustainable energy sources, Werkheiser said that often lost in the discussion is that the offshore wind developers are companies seeking to turn a profit. “To continue to ignore [the plaintiffs] is just a matter of arrogance,” he said. “Moving [the wind farms] closer to shore saves these companies money. These are largely foreign-owned companies and the people that are making these decisions have never [previously] stepped foot in Newport or Block Island.” Werkheiser also noted that the same review processes that govern renewable energy also regulate energy sources that environmentalists have historically opposed, such as fracking and drilling. “The consequences are important because weakening these laws means they will remain weak,” he said. “They are the same laws. If you forget them now, they’re going to be gutted when you need them later.”