Community Land & Water Coalition (CLWC) on Friday Feb. 14, 2025, filed a demand for a cease and desist after confirming that Eric Pontiff, doing business under the name of Standish Investment Group, LLC, started the work before the legal appeal period expired.
The group’s cease and desist request states:
The Work is destroying the ancestral lands and heritage of the Wampanoag Tribes including destroying potential burial sites, graves, and homesites without an archeological study, without Free Prior Informed Consent and in violation of Article 32 of the United Nations Declaration of the Rights of Indigenous People, the laws of Massachusetts and the Zoning Bylaw.
Photos Above: February 14, 2025, tree clearing has started to cut down ancient trees on sacred Wampanoag Lands at 71 Hedges Pond Road, Cedarville, Plymouth MA.
One of the last remaining hills in the Town, sacred site of the Wampanoag People
The proposed mining site is 33-acres of forested land at 71 Hedges Pond Road. It is one of the last hills not leveled by decades of sand and gravel mining in the Town. The plans show massive excavation that will start at the top of the 150-foot hill and mine about 90 feet deep across the site.
In January 2025, following a recommendation by Plymouth’s Planning Board, the Town’s Director of Inspectional Services issued zoning and building permits to level the 150 foot hill, allegedly preparing the site for a “commercial complex” of large buildings. Over 1,000 letters were sent to the Town demanding that the Director require a special permit under the Town’s Zoning Bylaw. The Town ignored the letters.
The hill and forested land is in an area known as the “Ancient Indian Plantation” and are the ancestral lands of the state’s Native American Wampanoag People.
“We oppose this project and the development of this area on Hedges Pond Road,” said Melissa Ferretti, Chairwoman of the Herring Pond Wampanoag Tribe based in Plymouth, which was called Patuxet by Indigenous People. “This location is an integral part of our original reservation lands known to us as the “Great Lot.” This project threatens to irreversibly damage our ancestral homelands, the heart of our existence and heritage here in Plymouth. The Great Lot holds immense cultural and historic significance for our community and any development would not only harm the land but also disrupt our deep-rooted connection to it. Honoring the sacredness of these grounds is fundamental to our community and culture,” Ferretti stated. In November 2024, Governor Healy issued an Executive Order granting the Tribe state recognition, a major accomplishment.
Speaking at the February 11, 2025 Select Board meeting,Indigenous youth urged the Town to, “At least consider and possibly even invite people from her tribe and other neighboring sister tribes to have discussions about these matters and include them in them.”
At the Select Board meeting Miciah Stasis from the Herring Pond Wampanoag Tribe said, “Our people have been here for thousands of years and our ancestors lay beneath those lands that you are trying to sand mine… If this was anybody else’s grandmother or grandparents that are being dug up right now, there would be an issue.”
“Plymouth officials and the business interests that make up the Plymouth Foundation promote the Town as “America’s Hometown.” They market the Native American and Pilgrim story to the world’s tourists. They profit from the Thanksgiving story but are letting this project destroy that very history without even an archeological or environmental impact study,” said Meg Sheehan, attorney for the petitioners filing the appeal.
The community neighborhood Cedarville Village Steering Committee in a December finding unanimously rejected the “unified complex” plan calling it vague. By claiming a development is a “unified complex,” a sand and gravel company can seek to evade the more stringent special permitting process and proceed without a public hearing.
The February 14, 2025 appeal requires the Zoning Board of Appeals (ZBA) to hold a public hearing on whether to uphold the permits. The hearing will be scheduled in several weeks and is open to the public. In a potential conflict of interest, two members of the ZBA are Directors of the Plymouth Foundation, which received the sand mining permit from the Town.
On another mining project, on March 3, 2025, the Zoning Board of Appeals will hold the second day of a public hearing on a proposal by PA Landers, a regional sand and gravel mining operator, to expand its 100 acre mine and level a hill visible from Route 3 North. This is adjacent to 71 Hedges Pond Road, the subject of the February 14, 2025, legal appeal. The hearing is in the Great Hall, 2nd Floor, 26 Court St., Plymouth, 7 pm.
A state-wide campaign, Stop the Desecration, seeks to raise awareness about the destruction of Native American archeological sites without proper legal reviews.
In France the unthinkable has happened: The working-class Yellow Vest movement, racial equity movements, and progressive climate activists have joined forces in a multiracial, cross-class coalition called Earth Uprisings. In uniting the climate movement with broader social justice causes, “Les Soulèvements de la Terre” is not just making history in France; it’s offering a blueprint for global environmental resistance. But the response has been shockingly violent and extreme.
1. The Start
On an icy day in January 2021, French climate activists gather in a wetland area in Notre-Dame-des-Landes around one depressing observation: None of their efforts have succeeded in making a real dent in the current environmental collapse.
That’s why they’re meeting. Like many other movements, they feel like they’re out of options. “The first wave of the ‘climate movement’ confronted us with this powerlessness,” some of the activists will later write in a collective book titled Premières Secousses (First Shockwaves). “From COP meetings to massive marches, from climate action camps to IPCC reports, we have not managed to significantly curb the ongoing devastation.”
So here they are, 200 of the foremost climate activists in the country. There are anti-nuclear activists; unions of smallholder farmers; and members of newer movements such as Youth for Climate or Extinction Rebellion. The room is full. Many have been holed up at home for weeks, waiting for the second Covid lockdown to lift. There are still curfews and restrictions in place, but they decide this meeting is too important.
“It’s been a year of one lockdown after the next,” an anonymous participant writes. “Residents of [Notre-Dame-des-Landes] decide to issue an invitation to an assembly called to ‘move heaven and earth’ with some concrete proposals. Little notes are sent to long-time comrades as well as to people just met… It is still forbidden to meet, but impossible not to get organized.”
They’re exhausted and desperate. They have no idea that they’re about to form the most feared climate movement of the 2020s in this country — a movement that both the government and polluting industries will dread. And a movement that could offer a blueprint for global climate resistance.
They get to work. After two days of discussions, and sometimes heated debates, they land on something new: a sort of loose coalition of local struggles across France, with a variety of actors and tactics, all acting under one banner, Les Soulèvements de la Terre. The Earth Uprisings.
Their slogan: We are the Earth defending itself.
The initial round of brainstorming produces ambitious ideas: “We must besiege Monsanto in Lyon,” “make the biggest intrusion ever carried out on a concrete plant,” “block the Yara synthetic fertilizer production terminal in the bay of Saint-Nazaire.”
Then the reality kicks in: They’ve just created a new movement, they have no idea whether it’s going to take, and actions in the past have yielded little result. They decide to test it out for six months, then come back and reassess.
But politically, their ambition is clear in the first call to action they publish a few weeks after the meeting. The focus is on three goals: taking back the land from polluting industries and intensive agriculture; ramping up tactics to include occupation and sabotage; and uniting all actors who have an interest in curbing the climate emergency. In the founding text, one of the things they emphasize is that they want to get rid of the class divide that has plagued the climate movement — not just in France but all over the world. They write: “We do not believe in a two-tiered climate activism in which a minority prides itself on eating organic and driving a hybrid SUV while the majority is stuck in jobs they don’t want to do, long daily commutes, and low-cost food. We will not accept to watch the end of the world, powerless, isolated, and locked in our homes.”
So they call to target, block, and dismantle three key industries: concrete, pesticides, and synthetic fertilizers.
2. The Basins
After months of localized struggles to save natural land from urban development projects, one issue emerges and quickly gains traction: the fight for water.
In France, to counter more and more frequent droughts partly caused by climate change, the government is helping build “mega-basins” — large aboveground pools used to pump water in groundwater tables in the winter and irrigate large-scale farms in the summer.
But pumping water makes droughts worse. And the reservoirs can only be used by a handful of large agribusinesses, which are mainly focused on cornfields and other irrigation crops for export. Activists argue that mega-basins effectively privatize water resources, sidelining small-scale, eco-friendly farmers.
“I guess it became a real realization for a lot of people, what the fight for water meant and access to water,” recounts Lea Hobson, a former Extinction Rebellion activist who now organizes with the Earth Uprisings. “I think that resonated for a lot of people. And it meant that a lot of people came from all over France.”
The campaign they launch to stop the construction of these mega-basins will radically reshape their future and the future of the French climate movement.
It will also unleash state violence against environmental activists on an unprecedented scale.
The first big protest takes place in October 2022, at the site of one of the basins in Sainte-Soline, a small village of about 600 people in western France. Thousands of activists turn up. So do hundreds of police officers, who use tear gas grenades to disperse protesters peacefully occupying the empty reservoir. Dozens are injured, and six people are arrested.
In the coming days, the public narrative of the events in Sainte-Soline becomes its own battle. Local officials say “very violent activists” wreaked havoc at the protest. Gerald Darmanin, the French minister of interior, calls the activists “eco-terrorists” — a rare term for a French government official discussing climate activists — and promises to fight them.
“This is an extremely strong word for a country which suffered deadly terror attacks in 2015, which left a lot of families in mourning,” points out Alexis Vrignon, a professor at the University of Orléans who specializes in the history of environmental conflict. “The tactics of the water protesters can be discussed in terms of ethics or effectiveness, but they are totally different” from those of terrorist groups, he adds.
According to Michel Forst, the United Nations special rapporteur on environmental defenders, the “campaigns of vilification by public officials also have a great impact, which is very unfortunate, on public opinion. When you have a minister … and members of parliament calling those people eco-terrorists or simply terrorists or comparing them to the Taliban, then it’s not only the people who are under pressure, but the cause they’re fighting for, which is also being debated.”
Despite these attacks in the media, activists reconvene in Sainte-Soline five months later. This protest is set to be bigger, more ambitious. The protesters — farmers’ unions, working-class Yellow Vests, and many other unlikely allies — arrive from all corners of France and even beyond. In a field a few miles away from the reservoirs, hundreds of brightly colored tents pop up around the protest camp.
There are also 3,000 officers on site, waiting for protesters.
“You had a lot of people who were not essentially in climate movements but heard of what was going on and so would come there … as their first big mass action,” Lea Hobson, the activist, remembers. “The diversity of people — I’ve never seen that in any actions that we’ve had in Extinction Rebellion, for example.”
On the morning of the protest, thousands start marching to one of the basins. Their goal is to stop construction, take apart some of the pipes that have already been installed, and get a moratorium on any new reservoirs being built with public funds. The march is joyous. There are families with kids, people playing accordions, dancing in their blue workers’ outfits, and huge mascots representing local species that are threatened with extinction: an eel, an otter and a type of bird called a bustard.
Then, in the space of a few minutes, the peaceful march descends into chaos. “You had police that kind of started to arrive from everywhere,” Hobson recalls. Tear gas grenades and rubber pellets start falling from the sky nonstop — almost one explosion per second for two hours. The only sound that cuts through the explosions is that of protesters screaming for street medics whenever a new person gets hit.
By late afternoon 200 protesters are injured, including dozens with severe injuries. Two people are in a coma, fighting for their lives. But on the news that evening, journalists describe violent protesters who caused altercations with the police. Even the president, Emmanuel Macron, says protesters were out to kill security forces.
In this violence against protesters, France is an outlier in the region. “France is the country where we have the most violent response by the police compared to other countries in Europe,” explains Forst, from the UN.
Hobson adds that “more people have been involved — organizations, collectives, charities, political movements — so the more diverse the movement has grown, the more repression there has been. The more massive the movement has become, the more repression there has been.”
Just days after the protest, activists are scrambling to care for the injured and the traumatized, and two men are still fighting for their lives. But as public opinion turns against the protesters, Darmanin, the minister of interior, takes advantage of the opportunity and announces the legal dissolution of the Earth Uprisings. To do this he uses a 1936 law initially passed to combat the violent far-right groups that were proliferating at the time, which has since been used against Muslim groups and activist movements.
3. The Trial
Ironically Earth Uprisings never had anything official to dissolve. It never had legal organizational status, it didn’t establish itself as a nonprofit, and under French law it was simply a “de facto gathering of people.” But dissolution would mean that anyone organizing events using the name and logo of Earth Uprisings risked being fined or imprisoned.
Darmanin’s announcement is a huge blow to activists and marks the start of a lengthy legal battle that will question the methods of the Earth Uprisings and the legitimacy of sabotage itself as a form of protest in the current climate emergency — a question that’s moving through climate movements around the world.
The accusations of violence don’t come as a surprise to the organizers. From the get-go, written in the invitations to the January meeting, was a call to discuss stronger modes of action — in particular, civil disobedience. The coalition openly leans on three tactics: occupation, blockages and sabotage (which the activists call disarmament).
“Disarming is the promise of appeasement. It is not a violent term,” the group’s lawyer, Antoine Lyon-Caen, argued at the trial. Echoing these sentiments, Stéphen Kerckhove, the president of Agir pour l’Environnement (Act for the Environment), explains the rise of Earth Uprisings as “an admission of failure of our legal [climate] nonprofits.” Despite efforts ranging from petitions to legal actions, change has been elusive, he says. “All the work we do never leads to anything. We shouldn’t be surprised that there are people advocating for disarmament.”
After each of the two protests at Sainte-Soline, the minister of interior, Gerald Darmanin — a highly controversial figure who has been accused by human-rights advocates of orchestrating an increase in violence against protesters, and whom several women have sued for sexual abuse — says that dozens of police officers have been injured. The Revelator and Drilled could not independently verify those claims. After the March protest, the public prosecutor announced that 47 officers had been injured. But 18 of those were included in the count as a result of suffering “acoustic trauma,” most likely as a result of the hundreds of explosions the police itself caused.
There is, however, abundant evidence of protesters being injured, sometimes nearly fatally, by security forces, documented in detail by human rights observers and journalists and corroborated by our sources.
The dissolution case rises through several courts before ending up at the Council of State, the highest court in France, which finally rejects the push for dissolution on Nov. 9, 2023. It also concludes that members of Earth Uprisings engaged in material degradation, but the movement was not responsible for any violence perpetrated against people.
“The targets of our actions are always material,” confirms Lena Lazare, a spokesperson for the movement. “We never target people. But often, when we are asked these questions, it is also a way to draw a line between ‘bad demonstrators’ and ‘good demonstrators.’ And we don’t think there are any bad demonstrators. We also think that the violence of the demonstrators is created by the police repression.”
The police brutality at Sainte-Soline was never addressed by the government. And the demonstrators are clear: Their actions are only legitimate in the context of the current environmental collapse, which sees tens of thousands of people die every year from heatwaves in Europe alone.
4. The Future
The months of court dates and appeals help drudge up public support for the group. Within days of Darmanin’s dissolution announcement, nearly 200 new Earth Uprisings committees sprout up across France. Thousands of people join. Actors, scientists, and politicians join the rallying cry: “You can’t disband a movement.”
“What that created was a massive outburst of support, and the creation of local groups all over France,” says organizer Lea Hobson.” And that’s something that’s quite new. You had people coming from loads of different backgrounds who started to be like, wait, we can’t let this happen.”
Its radical approach has also intensified conversations about environmental activism, nudging even the most traditional climate groups in France to reconsider their tactics. Earth Uprisings has made inroads into mainstream discourse, influencing political agendas and policy development. Most French people had not heard of a mega-basin before October 2022. Now the issue of water use is abundantly covered in mainstream media. Several of the mega-basin projects have been abandoned.
Most importantly, Earth Uprisings has created an unprecedented alliance among progressive groups across France, and built a blueprint for an agile, fluid, and ever-evolving movement structure that has, so far, eluded governmental and legal threats.
“There wasn’t much collaboration [among progressive groups],” says Hobson. “But when you start having a movement that collaborates and that accepts and uses different forms of tactics, how do you stop that? I think that’s going to be impossible to repress.”
And for the people who have come out of Sainte-Soline intact, she says, “the rage and the willingness to do things” has only grown. “It’s weird because you have a feeling of exhaustion and you feel that what is coming next” — both the climate threats and the crackdowns — “is probably going to be 10 times worse. Yet the fact that more and more people and groups are coming together, when they wouldn’t even speak together a few years ago, is a sign that things are changing really quickly.”
This article first appeared on The Revelator and is republished here under a Creative Commons license.
On December 14th 1982, a blockade was launched to stop the construction of a hydroelectric dam that would have flooded Tasmania’s Franklin and Gordon rivers and surrounding old-growth forests. Over the next 3 months, over 1,340 people were arrested for trespassing, occupying roads and work sites, and chaining themselves to equipment. The protest gained widespread national and global support and played a major role in the cancellation of the project.
Tasmanian Wilderness Society blocks dam construction (Franklin River Campaign) 1981-83
In 1976, the Hydro Electric Commission of Tasmania solidified their plans with the Australian government to build a dam across the Franklin and Gordon Rivers, in the Franklin-Gordon Wild Rivers National Park. The Tasmanian Wilderness Society formed not long after this announcement to take action against the Hydro Electric Commission and their plans to bulldoze the surrounding wilderness for the construction of the dam. The director of the Wilderness Society and leader of the anti-dam campaign for the following seven years was Bob Brown, a local environmentalist and general practitioner.
From 1976 through 1981, the Tasmanian Wilderness Society focused on creating awareness and education through public meetings, pamphlets, and tours of the Franklin River. They focused heavily on the danger to endangered species and ancient rain forests that flooding would have as a result of the Hydro Electric dam being built.
In 1981, the discovery of ancient aboriginal paintings in caves of the lower Franklin River region ignited the controversy. The caves were filled with not only Aboriginal paintings, but campfires, tools and animal bones that dated back thousands of years. This discovery created an even larger debate over the construction of the dam, bringing it into the political sphere, as Australia was nearing both state and federal elections. Candidates chose a side of the issue to include in their platform. Throughout their actions, the Tasmanian Wilderness Society maintained pressure to urge politicians to take a definite stance on the Franklin Dam issue.
The Tasmanian state government announced plans to hold a referendum to engage citizens in the Hydro Electric Commission’s decision. The Wilderness Society asked that a “NO DAMS” option be included in the referendum. In the lead-up to the referendum, the campaigners distributed yellow, triangular “NO DAMS” stickers. The Tasmanian government announced that the referendum would have two options, both of which took the construction of the dam as given. The two options only differed by location: Gordon Below Franklin and Gordon above Olga. The Wilderness Society encouraged voters to take part in a “Write-in”, by writing “NO DAMS” on their ballot in protest. When the government held the referendum on 12 December 1981, 33% of the voters wrote “NO DAMS” on their ballots.
Although federally the Australian Labour Party was quite popular in their anti-dam platform, pro-dam political parties were more popular in the Tasmanian state. In May 1982, the Liberal party under Robin Gray (a pro-dam politician) won the majority of seats in Tasmania and Gray became the Premier. Upon his election, he announced plans to begin construction. The dam itself was to cover 33 kilometers of the Franklin River and 37 kilometers of the Gordon River.
In response to this decision, in August and September, Bob Brown went on tour screening films of the Franklin River to raise support and awareness. Brown and the Wilderness Society also organized rallies to gain the attention of influential political figures. During a Melbourne rally, David Bellamy, a British botanist and T.V. presenter toured expressed their anti-dam positions to the 5,000 participants. The goal of this portion of the campaign was to increase pressure on the Prime Minister Malcolm Fraser to intervene through Tasmanian State government and stop the dam. Fraser did not intervene and override the state legislation, as he believed it was a state government issue
and not a federal one.
In November 1982, 14,000 people converged on the streets of Melbourne for another rally. Bob Brown announced that they would blockade the construction of the dam site beginning on 14 December 1982.
On 14 December 1982, 2,500 people converged at the dam site to participate in the blockade. Protesters made a human chain through the forest to prevent construction workers from entering the site. Protesters also blockaded by water on canoes, to prevent police from bringing machinery into the site by a barge. These blockaders maintained morale and enthusiasm through the use of song. Protesters developed songs over the course of the campaign that were regularly sung during rallies, marches, in jail, and at the blockade site. Folk singer Shane Howard wrote the official anthem of the campaign, titled “Let the Franklin Flow”. During the course of the blockade, police arrested 1,440 people. David Bellamy and Claudio Alcorso (a Hobart Millionaire) participated in the blockade and were arrested.
On 1 March 1983, the Wilderness Society held a day of action during which 231 people were arrested in their boats on the Gordon River and the Wilderness Society’s flag was flown above the Hydro Electric Commission building in Hobart, Australia.
The Tasmanian Wilderness Society drew further attention on 2 March 1983 by printing full-page colour photographs in Australian newspapers of the Franklin River area. The captions on these publications read, “Could you vote for a party that would destroy this?” This was an attention-grabbing act as few publications used colour at the time.
On 5 March 1983, the Australian Labour Party under new Prime Minister, Bob Hawke (who maintained an anti-dam platform) won the federal election and announced that he
would halt the dam construction. The Australian Labour Party introduced regulations under the National Parks and Wildlife Conservation Act 1975. Additionally, Hawke declared the Franklin River area a World Heritage site, outlawing the dam under the World Heritage Properties Conservation Act 1983.
The Tasmanian state ignored the new regulations, as they believed that the federal government could not legally intervene in this state-level issue. The company contracted by the Tasmanian government continued clearing the site until the federal government brought the Tasmanian government to High Court on 31 May 1983. On 1 July 1983, the High Court ruled in favour of the federal government and proclaimed that they could legally enforce the international standards for a World Heritage Site on a state government.
The Franklin River campaign was so successful that it largely ended the generation of electricity through hydro dams in Australia. The federal government demanded that the Tasmanian government give a compensation package of $270 million to the Wilderness Society.
Sources
Walker, J. (2013, July 01). The day the franklin river was saved. Retrieved from https://web.archive.org/web/20130817151559/http://www.australiangeographic.com.au/outdoor/anniversary-of-the-franklin-river-campaigns-success.htm (Link not working 2 March 2022 – Australian Geographic)
The Wilderness Society. (n.d.). History of the franklin river campaign 1976-83. Retrieved from http://www.wilderness.org.au/history-franklin-river-campaign-1976-83. Link not working 2 March 2022
Gibbs, C. J. Legal Database, (1983). Commonwealth v. Tasmania (the Tasmanian dam case). Retrieved from website: http://law.ato.gov.au/atolaw/view.htm?DocID=JUD/158CLR1/00002 (Link not working 2 March 2022)
Documentary – The Franklin River Blockade, The Wilderness Society, 2006
Watch a 20-minute documentary, including footage of various blockade actions. It can be viewed in two parts.
The Wilderness Society. (Producer). (2006, October 17). The Franklin River Blockade 1983, Tasmania (Part 1 of 2) [Web Video]. Retrieved from https://www.youtube.com/watch?v=rGpy8_v3tmI
The Wilderness Society. (Producer). (2006, October 17). The Franklin River Blockade 1983, Tasmania (Part 2 of 2) [Web Video]. Retrieved from https://www.youtube.com/watch?v=HhCGFHkzifQ
The story of the Tasmanian Dam case in 1983 from a lecture on Commonwealth environmental laws at The University of Queensland, Brisbane, Australia, given by Dr Chris McGrath in 2015.
To conclude then, while the Franklin blockade demonstrates the limitations of protest in Australia it shows that symbolic protest can influence important decisions. Symbolic protest will be of use to protesters in a limited set of circumstances.
The Franklin River blockade became one of the most iconic in Australian history, stopping the damming of the river and bringing footage of rugged forests and civil disobedience into loungerooms of the country on the news. Members of Goanna (playing as the Franklin Gordon River Ensemble) soundtracked the blockade with the singalong anthem Let The Franklin Flow.
Here is an Easy Read Guide called The Franklin River Story. Easy Read uses clear, everyday language matched with images to make sure everyone understands.
Save LBI Sues U.S. Agencies and Atlantic Shores Offshore Wind, Challenging Federal Approvals Greenlighting Marine Ecosystem Devastation, Including Risks to Critically Endangered Whales
LONG BEACH ISLAND (LBI), NEW JERSEY, January 13, 2025 – Save LBI, an organization that has been actively litigating issues surrounding marine mammal, human health, economic and other impacts connected to offshore wind industrialization off New Jersey since 2022, has filed suit against the U.S. Department of Commerce, National Marine Fisheries Service, Bureau of Ocean Energy Management, U.S. Department of Interior, and the Atlantic Shores Offshore Wind project for violations of a number of federal environmental statutes.
“This lawsuit serves as the first of its kind, launching a wide-ranging challenge against Atlantic Shores’ federal approvals, based on violations of environmental statutes such as the National Environmental Policy Act, the Endangered Species Act, the Marine Mammal Protection Act, the Outer Continental Shelf Lands Act, the Coastal Zone Management Act, and the Clean Air Act,” said Thomas Stavola, Jr., Esq., the attorney representing Save LBI. “We believe we have organized a compelling case that will demonstrate that these federal agencies were derelict in their respective duties to take critical information into account, and moreover, made arbitrary assumptions that entirely failed to disclose and consider the injurious impacts of the Atlantic Shores South project.”
Bob Stern, Ph.D., the primary plaintiff and president of Save LBI, further explained, “For example, “the agencies assume, incorrectly, that no North Atlantic right whales will suffer injury or death as a result of the Atlantic Shores South project. The evidence contradicts that assumption. In fact, our review and independent mathematical analyses shows a systemic underestimation of impact, and clearly indicate that the noise caused by pile driving, and, soon after, perpetual operational noise, will injure and kill high numbers of marine mammals — and, yes, injure and kill a number of North Atlantic right whales, a critically endangered animal that cannot afford to suffer any deaths given their numbers are now less than 340 total.”
The lawsuit ultimately seeks to have all federal approvals rescinded and the Atlantic Shores South project halted — stopping construction and preventing devastation to marine mammal life in the NJ/NY Bight regional waters. Eight other co-plaintiffs have joined Save LBI in this action, many of whom will be severely economically impacted due to the egregious harm to the marine ecosystem and the aesthetic, recreational blight imposed on the Jersey Shore via the circa 200 1,000-foot-plus high monstrosities slated to be constructed starting less than 9 miles east of Long Beach Island.
These inexcusable damages by the Atlantic Shores South project are not limited to marine mammal devastation, but also include significant impacts to tourism, shore economies, statewide energy bills, national defense, vessel navigation, and home values — all of which have been swept under the rug by much of the mainstream media, many elected officials, the Atlantic Shores company, and the federal agencies in their inexplicable haste to approve a project still in search of a clear purpose and need.
“We hope this lawsuit will serve as the vehicle to finally illuminate the damage being wrought here and to impose significant pressure on Atlantic Shores to withdraw, as their obfuscation of the project’s true effects are indefensible. The agencies simply cannot objectively argue that their approvals were made in accordance with the best science,” concluded Bob Stern.
This lawsuit was filed in federal court in the United States for the District of New Jersey on January 10, 2025.
About Save LBI
Save Long Beach Island (Save LBI) is an organization of citizens and businesses on and off the Island working together to protect the ocean and Long Beach Island and neighboring communities from the destructive impact of the Atlantic Shores project and potentially other offshore wind projects. As a not-for-profit, non-partisan entity, we do not endorse any political candidates but vigorously pursue policies and actions that protect the Island and New Jersey communities. The organization is led by Beach Haven resident Bob Stern, a Ph.D. engineer with
experience in environmental law who previously managed the U.S. Department of Energy’s office overseeing environment protection related to energy programs and projects.
Save LBI is fighting to stop the ill-conceived Atlantic Shores projects. Please visit SaveLBI.org to join the fight and consider making a donation.
ACK for Whales To File New Suits to Stop Environment-Destroying New England Wind Offshore Turbine Project Grassroots Group Has sent Notices to Federal Government Warning of Litigation Because Government Broke Multiple Federal Laws “We’re not going to stop fighting for the environment.”
NANTUCKET, MA, January 13, 2025 – ACK for Whales, the Nantucket grassroots group (formally known as Nantucket Residents Against Turbines) fighting to protect the environment from the devastation posed by New England Wind’s giant offshore wind project, said today that it has filed two Notices of Intent to sue the Department of Interior and other federal agencies for violating federal laws intended to protect the environment and endangered species.
The announcement comes as the group revealed the United States Supreme Court declined on Monday to hear the group’s petition for certiorari from lower court decisions on a different legal issue and involving a different project.
The new litigation is broader in scope than the suit previously filed against Vineyard Wind and seeks to halt and preclude construction by New England Wind of offshore wind turbines.
“New England Wind is an existential threat to our environment and while we are disappointed by the Court’s decision to not hear our appeal, we’re not going to stop fighting for the environment,” ACK for Whales President Vallorie Oliver said.
The Notices of Intent were sent Monday to the Departments of the Interior and Commerce, the Army Corps of Engineers, the Environmental Protection Agency, the Bureau of Ocean Energy Management (BOEM), and the National Oceanic and Atmospheric Administration and informed the federal agencies that decisions made to allow New England Wind’s project to build turbines off Nantucket and Martha’s Vineyard violate the Endangered Species, Marine Mammal Protection, National Historic Preservation, and Outer Continental Shelf Land Acts.
The letters warn that if the agencies do not reverse their approvals, ACK for Whales will proceed with its suits when the 60 day Notice period expires to prevent “substantial” harm to biological resources, including the endangered North Atlantic Right Whale, interference with economic activities in the high seas and territorial seas, including tourism, commercial fishing, and whale watching.
“The government continues to mislead the people of Massachusetts,” Oliver said, “making their usual false claims about offshore wind. The state’s press release claimed building these whale- killing monstrosities will ‘reduce the state’s carbon emissions by the equivalent of taking one million gas-powered cars off the road. Collectively, these projects will create thousands of jobs and generate billions of economic activity.’
“The State made the same false claims about Vineyard Wind and since that project was begun, BOEM has admitted building offshore wind will have no meaningful impact on reducing climate change, Vineyard Wind admits it’s not keeping track of the jobs it allegedly creates in Massachusetts, and its CEO admits that our power bills are going up.
“We can’t figure out why the government keeps giving away the store to foreign energy companies like Avangrid,” Oliver said. “We’re a non-partisan organization, we don’t do politics, but we hope Mr. Trump keeps his word and ends this madness on Day One of his Administration,” Oliver said.
About ACK for Whales
ACK for Whales is a group of Nantucket community members who are concerned about the negative impacts of offshore wind development off the south shores of our beloved Island. The Massachusetts/Rhode Island wind area is bigger than the state of Rhode Island and will ultimately be occupied by 2,400 turbines, each taller than the John Hancock building in Boston, connected by thousands of miles of high voltage cables. There are many unanswered questions, and the permitting of these massive utility projects has happened largely out of the public eye. We provide a community group of neighbors and friends, who all love the same place.
For nearly 15 years, DGR has been advocating for biocentric strategies to address our collective ecological crises. Our analysis is unique; we name industrial civilization as the root of the problem.
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As 2024 draws to a close, please consider donating to Deep Green Resistance. We are one of the only environmental organizations in the world who will never accept corporate funding and the heartbreaking compromises we’ve all witnessed time and time again.
As DGR co-founder Derrick Jensen remarks in the book Bright Green Lies: “Mainstream environmentalists now prioritize saving industrial civilization over saving the planet.” At Deep Green Resistance, we pledge to remain Biocentric and to never, ever follow the mainstream playbook.
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Monthly donors are the backbone of our fundraising because they provide us with reliable, steady income. This allows us to plan ahead. Becoming a monthly donor, or increasing your contribution amount, is the single most important thing we can do to boost our financial base.
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