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Fisheries Survival Fund v. Jewell

ELR Citation: 48 ELR 20174
Nos. 16-cv-2409 (TSC), (D.D.C., 09/30/2018) (Chutkan, J.)

A district court denied commercial fishing groups' request to preliminarily enjoin development of a wind energy facility off the coast of New York. The groups argued that the Bureau of Ocean Energy Management (BOEM) violated NEPA when it issued a lease to the company by improperly segmenting the analysis, failing to consider a reasonable range of alternatives, and failing to prepare an EIS in deciding the site of the proposed facility. But the court determined that the claims were not ripe because BOEM retains authority to deny construction of the facility. The groups also argued that BOEM violated the Outer Continental Shelf Lands Act by failing to consider and provide for fishing, safety, conservation of natural resources, and navigation during both the site selection and lease issuance process, and adopting a set of regulations that on their face exceed the authority granted by the Act. But these claims were procedurally barred by failing to comply with the Act's mandatory 60-day waiting period. The court therefore denied the groups' request for a preliminary injunction.