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Fisheries Survival Fund v. Jewell

ELR Citation: 47 ELR 20026
Nos. 16-cv-2409, (D.D.C., 02/15/2017) (Chutkan, J.)

A district court denied injunctive relief against the Bureau of Ocean Energy Management for failure to comply with NEPA in connection with its wind energy leasing. The Bureau leased a nautical area off the coast of New York to an energy company for the development of a wind energy facility. The plaintiffs, who are nine commercial fishing organizations, claimed that construction of the facility would cause them to lose the ability to fish in areas that are commercially valuable, as well as increase the hazards for fishermen and decrease enjoyment of the marine area. The district court denied the preliminary injunction, stating that the plaintiffs had demonstrated no irreparable harm as the Bureau had yet to approve the plans for the facility. The court rejected the argument that the energy company's investment shifted the balance of harms as the court maintains the authority to ultimately enjoin the lease if it becomes necessary.