No. 23-1736.

100 F.4th 21 (2024)

Thomas MELONE, Plaintiff, Appellant, Allco Renewable Energy, Limited; Allco Finance Limited, Plaintiffs, v. Janet COIT, in her official capacity of Assistant Administrator, National Marine Fisheries Service; National Marine Fisheries Service; Vineyard Wind 1, LLC, Defendants, Appellees, Debra Haaland, in her official capacity of Secretary of the Interior; John A. Atilano, II, Colonel, in his official capacity of Commander and District Engineer; Martha Williams, in her official capacity of Principal Deputy Director; US Department of the Interior; Bureau of Ocean Energy Management; Gary Frazier, in his official capacity of Assistant Director for Endangered Species; US Army Corps of Engineers; US Fish and Wildlife Service, Defendants.

United States Court of Appeals, First Circuit.

April 25, 2024.

Attorney(s) appearing for the Case

Thomas Melone and Allco Renewable Energy Limited on brief for appellant.

Todd Kim , Assistant Attorney General, Environment & Natural Resource Division, U.S. Department of Justice, Mark Arthur Brown , Kevin W. McArdle , and Thekla Hansen-Young , Environment & Natural Resource Division, U.S. Department of Justice, and Lea Tyhach , and Gladys P. Miles , Office of the General Counsel, National Oceanic and Atmospheric Administration on brief for the federal appellees.

David T. Buente, Jr. , Peter C. Whitfield , James R. Wedeking , Kathleen Mueller , Jack W. Pirozzolo , and Sidley Austin LLP on brief for intervenor-appellee Vineyard Wind 1, LLC.

Before Kayatta, Lynch, and Gelpí, Circuit Judges.

This case is one of two appeals in which various residents of Martha's Vineyard and Nantucket oppose the construction of an offshore wind project aimed at reducing reliance on fossil fuels by providing energy sufficient to power 400,000 Massachusetts homes. Common to the two cases...

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