The Biden administration gave the Atlantic Shores Offshore Wind project final approval on Tuesday, but opponents of the project have threatened to file a lawsuit to block its construction.
Save Long Beach Island claims that the Bureau of Ocean Energy Management and the National Oceanic and Atmospheric Administration downplayed the impact of wind turbines' operation noise on endangered whale populations. Save LBI also accuses the agencies of failing to address how all of the proposed New Jersey offshore wind projects will affect North Atlantic right whales' migration pattern.
The BOEM acknowledged that the Atlantic Shores South project would have a moderate impact on the right whale population. Noise from the project's construction could disrupt the behavioral and migratory patterns of the endangered mammal. However, to reduce the harm caused, the BOEM has implemented underwater noise impact minimization measures, such as having protected species observers and shutdown zones.
The BOEM's harm mitigation strategies have been included in other offshore wind projects, such as Vineyard Wind 1 off the Massachusetts coast and South Fork off Long Island, New York.
Aside from the initial construction of the wind turbines, the BOEM's analysis found that the "non-impulsive" noise would not be disruptive.
"It is important to note that just because a sound is audible, that does not mean it would be at a sufficient level to mask important cues," according to the BOEM report.
Bob Stern, a former Energy Department engineer, said the BOEM is not accurately portraying the sound decibel levels that wind turbines produce.
"The agencies routinely cite lower noise levels from smaller turbines to avoid addressing the problem of higher noise levels from larger turbines," Stern said.
There are fewer than 400 North Atlantic right whales left in existence, making them one of the four endangered species whose migration path is within the Atlantic Shores South project's scope.
With 200 turbines planned to be built just 9 miles off the shore of New Jersey, Atlantic South Shores will be the closest offshore project to land.
Stern previously expressed concerns to the Washington Examiner that the project's construction and implementation would disrupt the communication and ability of these whales to navigate the ocean. The proposed layout of the offshore wind farm will cut out important passageways for both the whales and fishermen, increasing the odds of collisions.
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"The operation of those turbines will obstruct the essential migration of the right whale as it attempts to pass through those waters, jeopardizing the whale's existence and violating the Endangered Species Act," Stern said.
The BOEM and NOAA have 60 days to address Save LBI's concerns. If unresolved, a lawsuit could follow.