Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 14 MAY 2024

Federal Appeals Court Upholds Vineyard Wind Approvals In Two Separate Appeals

Nossaman LLP
Nossaman LLP
Contributor
Nossaman LLP

Nossaman LLP

Our clients and our people are what define Nossaman. Our clients provide us with opportunities to...

View firm profile
Explore more from Nossaman LLP

On April 24 and 25, 2024, the United States Court of Appeals for the First Circuit unanimously upheld two federal district court decisions rejecting challenges to the federal approvals for the Vineyard Wind offshore wind farm in the cases of ...

United StatesEnvironment
Nossaman LLP
Nossaman LLP
Author LinkedIn connections

On April 24 and 25, 2024, the United States Court of Appeals for the First Circuit unanimously upheld two federal district court decisions rejecting challenges to the federal approvals for the Vineyard Wind offshore wind farm in the cases of Nantucket Residents Against Turbines v. U.S. Bureau of Ocean Energy Management (ACK RATs),1 No. 23-1501, and Melone v. Coit et al., No. 23-1736. Each of the cases challenged different aspects of the federal government's approvals for Vineyard Wind, but both argued that the project would harm the endangered North Atlantic right whale (Eubalaena glacialis) in violation of federal law. The district court decisions in both cases were previously discussed on this blog ( ACK RATs) ( Melone).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Texas Governor Abbott Directs TCEQ To Freeze All Data Center Permits In A Whole-of-Government Action

Governor Greg Abbott has ordered the Texas Commission on Environmental Quality to immediately halt all environmental permits for data center projects, expanding a statewide regulatory freeze that now encompasses power, water, and environmental approvals. This directive establishes strict operational mandates requiring data centers to fully fund infrastructure costs, report all resource consumption...
United StatesEnvironment
Foley & Lardner LLP
Foley & Lardner LLP
Article

Governor Abbott Orders TCEQ To Pause All Permit Issuance For Data Center Projects

Governor Abbott has ordered Texas environmental regulators to halt all data center permit issuance until grid operators complete a comprehensive audit in mid-December 2026. The sweeping directive affects not only grid-connected facilities but also fully islanded data centers relying on behind-the-meter generation, creating uncertainty for developers and their contractual obligations.
United StatesEnvironment
Bracewell LLP
Bracewell LLP
Article

California SB 253: CARB Sets Nov. 10, 2026, Deadline For Scope 1 And Scope 2 Emissions Reports

California's Climate Corporate Data Accountability Act (SB 253) establishes a November 10, 2026 deadline for Scope 1 and Scope 2 greenhouse gas emissions reporting, affecting U.S.-formed entities with over $1 billion in revenue that meet California's "doing business" test—regardless of physical presence in the state. The law carries penalties up to $500,000 per reporting year for non-compliance, with mandatory program fees and future Scope 3 reporting requirements on the horizon.
United StatesEnvironment
Greenberg Traurig
Greenberg Traurig
Article

Texas Governor Directs A Halt On Data Center Permitting With State Agency Audits

Texas Governor Greg Abbott has directed state agencies to halt all data center permits until comprehensive audits assess the projects' impacts on electric infrastructure, residential ratepayers, and water resources. The directive requires data centers to fully fund necessary electric infrastructure and comply with enhanced reporting requirements, while the governor signals potential legislative action to codify new protections and phase out certain tax incentives.
United StatesEnvironment
Greenberg Traurig
Greenberg Traurig
Article

Governor Signs Seven Data Center Bills Addressing Energy And Noise Reporting, Water Use, Labor Standards, Electricity Rates, And CEQA Review

California has enacted seven unprecedented bills targeting data center development, imposing sweeping new requirements for energy reporting, water consumption assessments, labor standards, and electricity rate structures. These laws fundamentally reshape the regulatory landscape for data centers, requiring detailed disclosures at multiple project stages while prohibiting categorical CEQA exemptions and establishing new interconnection rules that shift infrastructure costs directly to developers.
United StatesEnvironment
Cox, Castle & Nicholson
Cox, Castle & Nicholson
Article

The Chemical Compound — Q3 2026

This quarterly newsletter examines critical developments in chemical regulatory law, covering litigation outcomes that reshape EPA's authority under TSCA, landmark Supreme Court decisions on pesticide labeling preemption, and emerging state and international frameworks governing PFAS and other chemicals of concern. The edition analyzes how recent Fifth Circuit rulings on methylene chloride regulations may fundamentally alter EPA's approach to risk evaluations and management rules across its entire existing
United StatesEnvironment
Arnold & Porter
Arnold & Porter
Article

CEQA Reform Qualifies For The Ballot: What To Know About The Building An Affordable California Act

California voters will decide on Proposition 45 this November, a sweeping initiative that would fundamentally reshape environmental review for housing, infrastructure, and other essential projects across the state. The Building an Affordable California Act promises faster approvals and limited judicial challenges, but faces organized opposition from labor unions and environmental groups. Will this measure succeed in streamlining development, or does it go too far in curtailing environmental protections?
United StatesEnvironment
Rutan & Tucker LLP
Rutan & Tucker LLP
Article

New EU PFHxA Limits Take Effect Amid Expanding PFAS Rules For Apparel And Textiles

Beginning October 10, 2026, the European Union will restrict certain concentrations of PFHxA and related substances in clothing and footwear, marking a significant expansion of PFAS regulations affecting the apparel and textile industry. Companies face a complex patchwork of requirements as France, Denmark, and multiple U.S. states implement their own PFAS restrictions with varying scopes, thresholds, and compliance approaches. Navigating these divergent regulations requires careful supply chain evaluation
European UnionEnvironment
Beveridge & Diamond, P.C.
Beveridge & Diamond, P.C.
Article

Court Finds ‘Occurrence’ Language Ambiguous, Reviving Church’s Coverage Claim For Abuse Settlement

A Tenth Circuit decision examines whether a church's alleged failure to prevent multiple instances of sexual abuse by one perpetrator constitutes a single insurance "occurrence" or multiple occurrences, with significant implications for coverage limits and settlement aggregation. The court found the policy definitions ambiguous and ruled in favor of the church's interpretation that repeated exposure to dangerous conditions could constitute one occurrence.
United StatesInsurance
Nossaman LLP
Nossaman LLP
Article

Compliance Notes - Vol. 7, Issue 22

The Federal Election Commission's electronic filing system was compromised by a cyberattack just days before the 2026 midterm elections, preventing mandatory campaign finance disclosures. Meanwhile, state-level developments include Arizona's Supreme Court limiting the Clean Elections Commission's authority, Washington suspending candidate self-funding restrictions, and Tennessee pursuing legal action against former candidates for unpaid ethics fines.
United StatesGovernment, Public Sector
Nossaman LLP
Nossaman LLP
Article

Compliance Notes - Vol. 7, Issue 21

Elon Musk settles class-action lawsuits over his controversial $1 million daily giveaway during the 2024 election, while courts across multiple states grapple with fundamental questions about campaign finance authority, judicial ballot designations, and the FCC's role in regulating political advertising rates. These developments highlight ongoing tensions between election integrity, administrative authority, and constitutional protections in the American electoral system.
United StatesGovernment, Public Sector
Nossaman LLP
Nossaman LLP
Article

Temporary Construction Easements: Should Condemning Entities Seek Exclusive Or Shared Use?

When acquiring temporary construction easements for infrastructure projects, condemning entities face a critical decision: should they require exclusive control of the work area or allow property owners to maintain shared access? This analysis examines the practical considerations, cost implications, and safety factors that influence whether exclusive or non-exclusive use best serves both construction needs and property owner interests.
United StatesReal Estate and Construction
Nossaman LLP
Nossaman LLP
Article

Wildfire Inverse Condemnation Liability Limited By California Legislature

California's Senate Bill 1153 has been signed into law, providing significant protection for public water systems against wildfire-related inverse condemnation claims. The legislation clarifies that water suppliers have no duty to design or maintain systems for wildfire suppression and that inability to maintain water supply during wildfires is not a substantial cause of wildfire damages. This landmark legislation may reshape liability exposure and insurance costs for water providers across the state.
United StatesReal Estate and Construction
Nossaman LLP
Nossaman LLP
Article

California’s AI Boom Has A Real Estate Problem: Where Does All The New Power Infrastructure Go?

California's rapid expansion of data centers to support AI and other technologies has created an unexpected challenge: finding suitable locations for the massive electrical infrastructure needed to power these facilities. While the California Independent System Operator has approved new processes to accelerate connections for large electricity users, the real estate and right-of-way issues surrounding substations, transmission lines...
United StatesEnergy and Natural Resources
Nossaman LLP
Nossaman LLP