ELR Citation: 54 ELR 20163
No(s). 23-1853 and 23-2051 (1st Cir. Dec 5, 2024)

The First Circuit affirmed summary judgment for the U.S. government in a lawsuit concerning a plan to construct a large-scale commercial offshore wind energy facility off of Martha's Vineyard. Several entities associated with the commercial fishing industry challenged the approval process, asserting claims under the APA, the ESA, NEPA, the CWA, the Outer Continental Shelf Lands Act (OCSLA), and the Marine Mammal Protection Act (MMPA). A district court concluded the ESA claims were nonjusticiable, that the entities were outside the zone of interests protected by NEPA and the MMPA, that one had failed to identify a genuine issue of material fact as to whether the Army Corps' issuance of the CWA §404 permit was arbitrary or capricious, and that the entities failed to identify a genuine issue of material fact as to whether the Bureau of Ocean Energy Management's approval under OCSLA was arbitrary or capricious. The appellate court found the district court did not err in awarding summary judgment to the government on any of the entities' claims, and affirmed summary judgment for the government.