LBI Coalition for Wind Without Impact has filed their first lawsuit against the U.S. Interior Department in January, 2022. Below, you will find an update from Dr. Bob Stern, President of Save LBI. For more information, visit savelbi.org.
From: Bob Stern
Subject: Status, First Lawsuit
Date: May 23, 2022
This note is just to provide you with a brief update on the status of our first lawsuit.
As you know, we filed a lawsuit against the U.S. Interior Department on January 10, 2022 alleging that they failed to comply with the National Environmental Policy Act because they did not prepare an environmental impact statement prior to deciding on wind energy areas-where wind turbines can go- in the New York Bight area and other “connected” areas including the close-in area off Long Beach Island.
As expected, the federal government filed a motion to dismiss the lawsuit. Our attorney responded to that with a thorough analysis of why that motion should be denied.
Last week, we learned that a number of wind energy trade groups intend to seek the D.C. Court’s permission to file an amicus (“friend of the court”) brief in support of the federal government defendants. They are represented by Perkins Coie, one of the largest law firms in the country. We plan to oppose this effort, but if the Court grants their request, we will seek permission to file a response to the amicus brief. On the one hand, this pits additional resources against us. But on the other hand, while one cannot predict the outcome of the case, I think it fair to say that we have certainly gotten the attention of the wind energy industry, perhaps because they are concerned that we have good arguments.
The judge in the case, the Honorable Dabney L. Freidrich, has requested a hearing but the date has not yet been set. We will keep you advised, and thank you for continuing support and encouragement.
Bob Stern, President Save LBI Inc.