{"id":313470,"date":"2024-03-27T14:26:11","date_gmt":"2024-03-27T13:26:11","guid":{"rendered":"https:\/\/climatescience.press\/?p=313470"},"modified":"2024-03-27T14:26:14","modified_gmt":"2024-03-27T13:26:14","slug":"dominion-energys-absurd-reply-to-cfacts-whale-protection-lawsuit","status":"publish","type":"post","link":"https:\/\/climatescience.press\/?p=313470","title":{"rendered":"Dominion Energy\u2019s absurd reply to CFACT\u2019s whale protection lawsuit"},"content":{"rendered":"\n
\"\"<\/figure>\n\n\n\n

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

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

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

David Wojick<\/a><\/p>\n\n\n\n

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

Dominion Energy has issued a brief response to the whale protection lawsuit filed by CFACT et al. When I first saw it, I thought there must be some mistake, but it has appeared in a lot of press reports.<\/p>\n\n\n\n

This central claim by Dominion is simply absurd: \u201cThe overwhelming consensus of federal agencies and scientific organizations is that offshore wind does not adversely impact marine life.\u201d No adverse impact? Seriously?<\/p>\n\n\n\n

In reality, the responsible federal agency predicts an enormous adverse impact.<\/p>\n\n\n\n

NOAA\u2018s National Marine Fisheries Service (NMFS) has authorized Dominion to acoustically harass almost 80,000 marine mammals and these noise harassments are certainly adverse impacts. They even include temporary deafness, which can easily be deadly.<\/p>\n\n\n\n

First, some legal Definitions from the Marine Mammal Protection Act that NMFS is supposed to enforce:<\/p>\n\n\n\n

\u201cLevel A harassment means any act of pursuit, torment, or annoyance that has the potential to injure a marine mammal or marine mammal stock in the wild.\u201d<\/p>\n\n\n\n

\u201cLevel B harassment refers to acts that have the potential to disturb (but not injure) a marine mammal or marine mammal stock in the wild by disrupting behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering.\u201d<\/p>\n\n\n\n

https:\/\/www.fisheries.noaa.gov\/marine-life-distress\/frequent-questions-feeding-or-harassing-marine-mammals-wild#:~:text=Level%20A%20harassment%20means%20any,mammal%20stock%20in%20the%20wild.<\/a><\/p>\n\n\n\n

Note that while level B harassment is not itself injurious, it may lead to injury or death. For example, if the animal flees the noise harassment into heavy ship traffic and is struck and killed.<\/p>\n\n\n\n

Analog: a firecracker thrown at a dog causes it to run into a busy street, where it is struck and killed. The car killed the dog, but the firecracker caused the death.<\/p>\n\n\n\n

A year and a half ago, I wrote an article about this risk: \u201cHow to kill whales with offshore wind.\u201d<\/p>\n\n\n\n

https:\/\/www.cfact.org\/2022\/09\/27\/how-to-kill-whales-with-offshore-wind<\/a><\/p>\n\n\n\n

It is specifically about the Dominion project.<\/p>\n\n\n\n

Here are the huge Dominion construction noise harassment numbers.<\/p>\n\n\n\n

Roughly 80,000 harassments are predicted (and authorized) by NMFS!<\/p>\n\n\n\n

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

Level A 17<\/p>\n\n\n\n

Level B 599<\/p>\n\n\n\n

Total 616<\/p>\n\n\n\n

Right Whales (included in Whales)<\/p>\n\n\n\n

Level B 17<\/p>\n\n\n\n

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

Level B 78,250<\/p>\n\n\n\n

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

Level A 2<\/p>\n\n\n\n

Level B 141<\/p>\n\n\n\n

Total 143<\/p>\n\n\n\n

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

Level A 4<\/p>\n\n\n\n

Level B 436<\/p>\n\n\n\n

Total 440<\/p>\n\n\n\n

Total level A 23<\/p>\n\n\n\n

Total level B 79,442<\/p>\n\n\n\n

Total 79,465<\/p>\n\n\n\n

Roughly 80,000 harassments<\/p>\n\n\n\n

Source: \u201cCoastal Virginia Offshore Wind Commercial (CVOW-C) Project Letter of Authorization\u201d<\/p>\n\n\n\n

Table 1, Pages 36-38<\/p>\n\n\n\n