ELR Citation: 55 ELR 20148
No(s). 1:25-cv-02214 (CJN) (D.D.C. Oct 24, 2025) (Nichols, J.)

A district court denied citizen groups' motion to stay or preliminarily enjoin further construction on an offshore wind farm off the coast of New York and New Jersey. The groups argued the project, which permitted Level B harassment of 31.9% of northern migratory coastal bottlenose dolphin stock, violated the Marine Mammal Protection Act (MMPA) by exceeding the Act's allowance of take of "smaller numbers of marine mammals of a species or population stock." The court found the groups ignored the distinction between Level A and Level B harassment under the MMPA and failed to establish that construction was actively harming dolphins, and thus failed to establish they would be irreparably harmed absent a stay or an injunction. It denied the motion for lack of standing.