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NANTUCKET RESIDENTS AGAINST TURBINES v. U.S. BUREAU OF OCEAN ENERGY MANAGEMENT

No. 23-1501.

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, .

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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