{"id":280877,"date":"2023-09-28T13:43:16","date_gmt":"2023-09-28T11:43:16","guid":{"rendered":"https:\/\/climatescience.press\/?p=280877"},"modified":"2023-09-28T13:43:31","modified_gmt":"2023-09-28T11:43:31","slug":"boems-right-whale-coverup-and-deception","status":"publish","type":"post","link":"https:\/\/climatescience.press\/?p=280877","title":{"rendered":"BOEM\u2019S Right Whale coverup and deception"},"content":{"rendered":"\n
\"\"<\/figure>\n\n\n\n

<\/p>\n\n\n\n

From\u00a0CFACT<\/a><\/p>\n\n\n\n

By\u00a0Collister Johnson<\/a><\/p>\n\n\n\n

\"\"<\/figure>\n\n\n\n

<\/p>\n\n\n\n

BOEM pretends it knows the noise impairment levels for Right Whales but hides its own admitted lack of knowledge on the issue and also obscures its ongoing research that will not be completed for several years.<\/em><\/p>\n\n\n\n

The Biden Administration is rushing headlong to start the massive construction of offshore wind power projects off the East Coast. The wind industry calls these installations \u201cfarms\u201d.<\/p>\n\n\n\n

In no way, shape, or form do they resemble bucolic farms?<\/p>\n\n\n\n

They are massive, noisy, complicated, metal, concrete, and fiberglass factories consisting of thousands of steel towers, all taller than the Washington Monument, topped by fiberglass blades longer than a football field, and surrounded by tons of rock required to prevent ocean scouring.<\/p>\n\n\n\n

Even if one subscribes to the absurd theory that carbon dioxide controls the climate, these factories will, when considering the energy and materials required to construct them, result in zero reduction of CO2 in the atmosphere and have zero impact on world climate.<\/p>\n\n\n\n

Repeat: zero reduction of CO2 in the atmosphere and zero impact on climate.<\/p>\n\n\n\n

But vendors believe there could be a lot of money to be made in this business, and the wind industry has been effective in sprinkling seed money into the coffers of politicians and so-called environmental groups to support the legislation necessary to pay for this boondoggle \u2013 money which will ultimately be derived from hapless electricity consumers who want nothing more than cheap, reliable electricity to power their daily lives, and who will find out too late in the game that offshore wind will be neither cheap, reliable, or environmentally friendly.<\/p>\n\n\n\n

Fortunately, several citizen groups have been formed that are vigorously opposing this massive industrialization of the ocean. The two leading organizations are Save Right Whales Coalition, led by Lisa Linowes: https:\/\/saverightwhales.org\/<\/a>, and Save Long Beach Island, led by Dr. Robert Stern https:\/\/www.savelbi.org<\/a>. In addition, Michael Shellenberger has produced a terrific documentary, Thrown to the Wind, which provides an eye-opening view into the real world of noise produced by so-called survey ships. Save LBI has also initiated litigation in New Jersey federal court seeking to revoke the permits issued by BOEM authorizing this preconstruction activity.<\/p>\n\n\n\n

Officially listed as an endangered species by all State and federal governments, the Right Whale falls under the protection of both the Marine Mammal Protection Act and the Endangered Species Act. These statutes require wind energy companies to obtain an \u201cincidental take\u201d permit for the Right Whales and other protected marine mammals while engaged in pre-construction site assessment work, which consists of sonar blasting the ocean floor to determine the placement of the wind turbines.<\/p>\n\n\n\n

Last year, BOEM issued a dozen \u201ctake\u201d permits to different wind developers who spent the winter months sonar blasting off the East Coast.<\/p>\n\n\n\n

Between December 2022 and May of this year, 60 large whales, including one Right Whale, washed up dead on the beaches of NY, NJ, and VA. BOEM put together a \u201chastily called \u201d news conference to counter the outcry from the public over this outbreak of dead whales.<\/p>\n\n\n\n

BOEM seemed absolutely sure there was no connection between the dead whales and sonar blasting: \u201cAt this point, there is no scientific evidence\u201d, BOEM claimed in carefully worded lawyer jargon, \u201d that noise resulting from offshore wind site characterization surveys could potentially cause mortality of whales\u201d. It concluded, \u201d There are no known links between recent large whale mortalities and ongoing offshore wind surveys\u201d.<\/p>\n\n\n\n

But what BOEM did not mention, or even reference, was the fact that it has funded a program currently underway that is designed precisely to answer the question of the extent to which sonar noise adversely impacts Baleen whales. Nor did BOEM mention that it had virtually no knowledge of the impact of sonar noise on large whales when it authorized the IHAs that permitted sonar mapping off the East Coast.<\/p>\n\n\n\n

The program, termed \u201cAuditory Weighting Function for Low Frequency Whales,\u201d consists of three studies<\/a> that examine the underwater noise abilities of the minke and humpback whales as proxies for Right Whales and other Baleen whales.<\/p>\n\n\n\n

The program, begun in 2021, contains some startling admissions. First, BOEM is very clear in admitting that it does not know how sonar noise impacts \u201clow frequency\u201d whales. \u201cThe hearing abilities of \u2018low frequency\u2019 whales\u201d, it explained, \u201cremain one of the \u2018major unknowns\u2019 as the regulatory community has tried to deal with the effects of noise on marine mammals.\u201d It added, \u201cThis information is imperative for BOEM to assess the potential effects of noise-producing actions (from both oil and gas and renewable energy) on these species, many of which are highly threatened\u201d. It further conceded, \u201d the data need is national information on just one species of baleen whale which will significantly advance the current understanding (which is almost nonexistent) \u2026\u2026\u201d.<\/p>\n\n\n\n

Second, it acknowledged that \u201cwe are required to know this information for analyses under the Marine Mammal Protection Act and the Endangered Species Act.\u201d It further explains that \u201d the lack of meaningful, validated data for LF whales has made it extremely challenging for NMFS and others to derive meaningful regulatory \u2018not to exceed thresholds\u2019 for noise sources, as required under the MMPA and ESA\u201d.<\/p>\n\n\n\n

The program envisions a set of three studies funded not just by BOEM but also by the US Navy, NOAA, and the Marine Mammal Commission<\/a>.<\/p>\n\n\n\n

This means that the program, when completed, will provide guidance for the entire government concerning acceptable noise levels for both oil and gas and offshore wind development.<\/p>\n\n\n\n

So why hasn\u2019t BOEM acknowledged that it does not know noise impairment levels for large whales, and why hasn\u2019t it revealed the existence of this program, which will produce the information it is \u201crequired to know\u201d under the MMPA and ESA?<\/p>\n\n\n\n

The reason is obvious. The studies are being conducted right now and have not yet been completed. The final report and conclusions of the studies are not scheduled for completion until June 2025, almost two years from now.<\/p>\n\n\n\n

BOEM is obviously hiding the existence of these critical studies. BOEM does not yet know the impact of sonar signals on Baleen whales, it is very clear that under the Marine Mammal Protection Act BOEM is required to rely on \u201d the best scientific information available\u201d in crafting underwater noise regulations. In its rush to authorize offshore wind construction before the elections in November 2024, BOEM is relying on guesswork and outdated guesswork, at that. The Federal Code of Regulations makes it very clear that BOEM cannot hide behind the excuse that this critical information is not available when it knows full well that the data will be derived from ongoing studies that are organized and funded by BOEM itself.<\/p>\n\n\n\n

At a minimum, this set of facts would support a temporary injunction prohibiting BOEM from issuing further IHAs until the studies have been completed and the data has been incorporated into definitive regulations. Any final Environmental Impact Statement issued by the EPA that fails to incorporate the data to be derived from these latest studies will be de facto misleading and de jure unlawful.<\/p>\n\n\n\n

When BOEM claims that \u201cthere is no evidence\u201d linking the recent outbreak of whale deaths due to sonar testing, it is engaging in obvious and easily provable deception. This is a classic case of gaslighting. BOEM cannot sweep its \u201cknowledge gap\u201d concerning Right Whale noise impairment under the rug and expect the courts to approve any further offshore wind development.<\/p>\n\n\n\n

Author<\/h2>\n\n\n\n
\"\"<\/figure>\n\n\n\n


Collister Johnson<\/a><\/p>\n\n\n\n

Johnson has spent the last four decades working in the public and private sectors in Virginia, primarily in the fields of project finance and maritime transportation. <\/p>\n\n\n\n

He began his career in public service as Chairman of the Board of the Virginia Port Authority. He was appointed by President George W. Bush, and confirmed by the Senate, as a member of the Overseas Private Investment Corporation, and most recently, as Administrator of the St. Lawrence Seaway Development Corporation. <\/p>\n\n\n\n

In that capacity, he became knowledgeable in the field of climate and its impact on the Great Lakes. He currently serves on CFACT’s Board of Advisors. <\/p>\n\n\n\n

Johnson holds a B.A. degree from Yale University, and a J.D. from the University of Virginia.<\/p>\n","protected":false},"excerpt":{"rendered":"

BOEM pretends it knows the noise impairment levels for Right Whales but hides its own admitted lack of knowledge on the issue and also obscures its ongoing research that will not be completed for several years.<\/p>\n","protected":false},"author":121246920,"featured_media":280882,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_coblocks_attr":"","_coblocks_dimensions":"","_coblocks_responsive_height":"","_coblocks_accordion_ie_support":"","_crdt_document":"","advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[1],"tags":[691819124,691818056,691818076,691822483,691818396,691818992,691818864],"class_list":{"0":"post-280877","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","6":"hentry","7":"category-uncategorized","8":"tag-boem","9":"tag-climate-change","10":"tag-co2","11":"tag-east-coast","12":"tag-offshore-wind-power","13":"tag-right-whale","14":"tag-the-biden-administration","16":"fallback-thumbnail"},"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2023\/09\/0north-atlantic-wright-whale-scaled-1.jpeg?fit=2560%2C1700&ssl=1","jetpack_likes_enabled":true,"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/paxLW1-1b4h","jetpack-related-posts":[{"id":316340,"url":"https:\/\/climatescience.press\/?p=316340","url_meta":{"origin":280877,"position":0},"title":"Time to save the Right Whale from the Green-Left","author":"uwe.roland.gross","date":"04\/04\/2024","format":false,"excerpt":"Back in the sixties and seventies \u201cSave the Whales\u201d was the exclusive domain of the political left. As Bob Dylan might say, \u201cthe times they are a changin.\u201d","rel":"","context":"In \"offshore wind energy\"","block_context":{"text":"offshore wind energy","link":"https:\/\/climatescience.press\/?tag=offshore-wind-energy"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/04\/00whale-art-reef.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/04\/00whale-art-reef.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/04\/00whale-art-reef.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/04\/00whale-art-reef.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/04\/00whale-art-reef.jpg?resize=1050%2C600&ssl=1 3x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/04\/00whale-art-reef.jpg?resize=1400%2C800&ssl=1 4x"},"classes":[]},{"id":317229,"url":"https:\/\/climatescience.press\/?p=317229","url_meta":{"origin":280877,"position":1},"title":"Time To Save the Right Whales From the Green Left?","author":"uwe.roland.gross","date":"10\/04\/2024","format":false,"excerpt":"There was a time back in the 1960\u2019s and 70\u2019s when a cause like \u201cSave the Whales\u201d was the exclusive domain of the political left. But as Bob Dylan might say, \u201cthe times they are a changing\u201d.","rel":"","context":"In \"Biden Administration\"","block_context":{"text":"Biden Administration","link":"https:\/\/climatescience.press\/?tag=biden-administration"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/04\/0whale-2882898_1280.jpg?fit=1200%2C800&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/04\/0whale-2882898_1280.jpg?fit=1200%2C800&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/04\/0whale-2882898_1280.jpg?fit=1200%2C800&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/04\/0whale-2882898_1280.jpg?fit=1200%2C800&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/04\/0whale-2882898_1280.jpg?fit=1200%2C800&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":335346,"url":"https:\/\/climatescience.press\/?p=335346","url_meta":{"origin":280877,"position":2},"title":"Feds say \u201cdamn the whales\u201d in the Gulf of Maine","author":"uwe.roland.gross","date":"02\/07\/2024","format":false,"excerpt":"Biden\u2019s Bureau of Ocean Energy Management (BOEM) proposes to build a huge amount of floating offshore wind in the Gulf of Maine. As required by law, it has published for public comment a draft Environmental Assessment of the area designated for this monster project. But insanely, there is no assessment\u2026","rel":"","context":"In \"Bureau of Ocean Energy Management (BOEM)\"","block_context":{"text":"Bureau of Ocean Energy Management (BOEM)","link":"https:\/\/climatescience.press\/?tag=bureau-of-ocean-energy-management-boem"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/07\/0North-Atlantic-right-whale-with-calf.-%C2%A9-Brian-J.-Skerry-_-National-Geographic-Stock-_-WWF-scaled-e1596552052698-1.jpg?fit=1200%2C797&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/07\/0North-Atlantic-right-whale-with-calf.-%C2%A9-Brian-J.-Skerry-_-National-Geographic-Stock-_-WWF-scaled-e1596552052698-1.jpg?fit=1200%2C797&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/07\/0North-Atlantic-right-whale-with-calf.-%C2%A9-Brian-J.-Skerry-_-National-Geographic-Stock-_-WWF-scaled-e1596552052698-1.jpg?fit=1200%2C797&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/07\/0North-Atlantic-right-whale-with-calf.-%C2%A9-Brian-J.-Skerry-_-National-Geographic-Stock-_-WWF-scaled-e1596552052698-1.jpg?fit=1200%2C797&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/07\/0North-Atlantic-right-whale-with-calf.-%C2%A9-Brian-J.-Skerry-_-National-Geographic-Stock-_-WWF-scaled-e1596552052698-1.jpg?fit=1200%2C797&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":349936,"url":"https:\/\/climatescience.press\/?p=349936","url_meta":{"origin":280877,"position":3},"title":"New Report Suggests \u201cWhale Psychiatrist\u201d Trump May be Right About Wind Farms and Whales","author":"uwe.roland.gross","date":"02\/11\/2024","format":false,"excerpt":"US Bureau of Ocean Management report says whales, dolphins, birds and bats can all be injured by wind turbine construction, and offshore fishing harmed.","rel":"","context":"In \"A whale psychiatrist\"","block_context":{"text":"A whale psychiatrist","link":"https:\/\/climatescience.press\/?tag=a-whale-psychiatrist"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/11\/0Gay_UEeaAAA3FN9.jpeg?fit=1024%2C768&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/11\/0Gay_UEeaAAA3FN9.jpeg?fit=1024%2C768&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/11\/0Gay_UEeaAAA3FN9.jpeg?fit=1024%2C768&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/climatescience.press\/wp-content\/uploads\/2024\/11\/0Gay_UEeaAAA3FN9.jpeg?fit=1024%2C768&ssl=1&resize=700%2C400 2x"},"classes":[]},{"id":344385,"url":"https:\/\/climatescience.press\/?p=344385","url_meta":{"origin":280877,"position":4},"title":"Maine\u2019s massive \u201cfloating wind\u201d folly \u2014 my report","author":"uwe.roland.gross","date":"24\/09\/2024","format":false,"excerpt":"This report examines several fundamental aspects of the State of Maine\u2019s offshore wind development plan. It is divided into two parts. Part 1 examines certain economic issues, such as feasibility, cost, and progress to date. 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