* The Humane Society of the United States * International Wildlife Coalition * Massachusetts Society for the Prevention of Cruelty to Animals * Three Bays Preservation * The Whale and Dolphin Conservation Society *
May 9, 2003
Honorable James L. Connaughton
Chairman, Council on Environmental Quality
Executive Office of the President
Washington, DC 20006
Colonel Thomas L. Koning
District Engineer
U.S. Army Corps of Engineers
New England District
696 Virginia Road
Concord, MA 01742-2751
Dear Mr. Connaughton and Colonel Koning:
On behalf of The Humane Society of the United States, the International Wildlife Coalition, the Massachusetts Society for the Prevention of Cruelty to Animals, Three Bays Preservation, and the Whale and Dolphin Conservation Society, we are writing to request that the U.S. Army Corps of Engineers conduct a programmatic environmental impact statement on the emerging federal program for permitting offshore wind energy facilities. The Corps is now considering numerous permit applications under section 10 of the Rivers and Harbors Act for offshore wind projects. While our organizations do not concede the Corps' jurisdiction to process these applications, the fact that such permit requests are being processed over a wide geographic area and for a new energy program gives rise to the need for an all-encompassing environmental review. The impacts of building several of these facilities may potentially jeopardize fragile marine ecosystems. Loss of habitat and impacts on migratory species will seriously affect the avian and marine communities that depend on these regions. The fact that the Corps is processing these applications on an ad hoc basis with no apparent consideration of policy implications and cumulative effects highlights the need for a fresh start and new review.
The National Environmental Policy Act (NEPA) requires each federal agency to consider the incremental, cumulative effects of all reasonably foreseeable actions when evaluating any individual action. There are now eight applications for offshore wind farms for the Massachusetts coast alone. In addition, the Long Island Power Authority has issued a request for proposals for a 100-megawatt facility off the southern coast of Long Island. One developer has announced that it will officially file applications for more than a dozen additional projects along the eastern seaboard as far south as Virginia.
The potential environmental impacts of these projects are varied and, in some cases, severe. These projects, which are planned for the middle of the Atlantic flyway, have the potential to affect adversely globally significant populations of migratory birds. In addition, it is not yet understood how the construction of offshore wind turbines, the intermittent, submarine transmittal of large quantities of energy, and the noise and vibrations generated by the construction and operation of these proposed wind plants will impact the fisheries and other wildlife along the coast.
Nantucket Sound is the proposed site of one of the most potentially harmful wind plants, the Cape Wind Project. The Sound supports endangered and threatened turtles such as leatherback, ridley, loggerhead, and green turtles, and thousands of gray and harbor seals (including pupping sites for gray seals). Atlantic white-sided dolphins, striped dolphins, and common dolphins visit this area; pilot whales are frequently sighted in the fall; and large whales such as right whales, humpback whales and minke whales are observed in the Sound. Hundreds of thousands of birds are found in the Sound. All of these species are at risk from this Project, which the Corps is considering on an isolated basis and with only the alternatives (all in the Sound) identified by the developers' own "screening" criteria. The Corps is following this approach even though other development interests are proposing numerous additional projects in other Massachusetts waters.
The Corps has asserted that it is the only federal agency with authority to permit these projects. If that is the case, the duty falls upon the Corps to develop these offshore wind energy programs in a comprehensive, well thought out, and environmentally sound manner before considering individual permits. Case law and other agency experiences, such as for the oil and gas industry, confirm the value of programmatic NEPA review. Such an analysis will ultimately expedite the wind energy program by developing a national program, national standards, a comprehensive review of potential sites, and an understanding of the general benefits and risks of such projects. Once that review is completed, individual projects located in appropriate areas can proceed on the basis of efficient and cost-effective analysis tiered off the general EIS. This common sense approach to NEPA compliance is a perfect fit for the offshore wind energy program. Failure to follow NEPA's dictates for a programmatic analysis will result in inadequate protection for the environment, piecemeal coastal and ocean planning, poorly informed decision-making, litigation, and, ultimately, significant delay in the development of promising technology.
The offshore exploitation of wind energy is a new industry in the United States, one with significant promise for generating clean, renewable energy. Past experiences with emerging technologies, and uses of the marine environment, have taught us, however, the importance of conducting a thorough environmental study before proceeding with development. The offshore wind energy program is no exception, and we call upon the Corps, with guidance from CEQ, to follow the clearly preferable approach of first preparing a programmatic EIS.
Please address any future correspondence about this letter to Jessica Almy at the Cape Wildlife Center, 185 Meadow Lane, West Barnstable, MA 02688. Thank you for your consideration of our views.
Sincerely,
Sharon Young, Marine Issues Field Director Dan Morast, President
The Humane Society of the United States International Wildlife Coalition
Kara Holmquist, Massachusetts Society for Lindsey Counsell, Three Bays Preservation
the Prevention of Cruelty to Animals
Courtney S. Vail, U.S. Representative
The Whale and Dolphin Conservation Society