ELR Citation: 53 ELR 20110
No(s). 22-CV-1305 (FB) (ST) (E.D.N.Y. Jul 17, 2023) (Block, J.)

A district court granted DOI's and the Army Corps of Engineers' motion to dismiss a lawsuit concerning construction of a wind farm off the coast of New York. Four homeowners sought to halt construction, claiming that onshore trenching associated with the project would worsen existing perfluoroalkyl and polyfluoroalkyl substances (PFAS) contamination in their groundwater. They argued the final EIS failed to adequately consider the project's potential effect on PFAS contamination, in violation of NEPA and the Outer Continental Shelf Lands Act. The agencies moved to dismiss for lack of standing. The court found the agencies' conduct—issuing permits for the offshore portion of the project—was too attenuated from the location and manner of onshore trenching to be fairly traceable to the residents' alleged injuries that they live on land affected by potential PFAS contamination and that their property is less valuable because of the trenching. It granted defendants' motion to dismiss.