No. 23-1501.

100 F.4th 1 (2024)

NANTUCKET RESIDENTS AGAINST TURBINES; Vallorie Oliver, Plaintiffs, Appellants, v. U.S. BUREAU OF OCEAN ENERGY MANAGEMENT; National Oceanic and Atmospheric Administration; National Marine Fisheries Service; Debra Haaland, Secretary of the Interior; Gina M. Raimondo, Secretary of Commerce; Vineyard Wind 1, LLC, Defendants, Appellees.

United States Court of Appeals, First Circuit.

April 24, 2024.

Attorney(s) appearing for the Case

Thomas Stavola, Jr. for appellants.

Thekla Hansen-Young , with whom Todd Kim , Assistant Attorney General, Environment & Natural Resources Division, U.S. Department of Justice, Luther L. Hajek , Perry Rosen , Mark Arthur Brown , Angela Ellis , Kevin W. McArdle , Pedro Melendez-Arreaga , Assistant Solicitor, U.S. Department of the Interior, Stephen R. Vorkoper , Lea Tyhach , Attorney Advisor, Office of General Counsel, National Oceanic and Atmospheric Administration, and Scott Farley were on brief, for the federal appellees.

Peter R. Steenland , with whom David T. Buente, Jr. , Peter C. Whitfield , James R. Wedeking , Kathleen Mueller , Brooklyn Hildebrandt , Jack W. Pirozzolo , and Sidley Austin LLP were on brief, for appellee Vineyard Wind 1, LLC.

Before Kayatta, Lynch, and Gelpí, Circuit Judges.

After consulting with the National Marine Fisheries Service ("NMFS"), the U.S. Bureau of Ocean Energy Management ("BOEM") approved the construction of Vineyard Wind, a wind power project off the coast of Massachusetts. A group of Nantucket residents — organized as Nantucket Residents Against Turbines ("Residents")...

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