Save Right Whales Coalition Files Supreme Court Brief Challenging BOEM’s Unlawful Offshore Wind Approvals
NEW HAMPSHIRE (April 14) — The Save Right Whales Coalition (SRWC) has filed an amicus brief with the U.S. Supreme Court urging the Court to review two cases challenging the Bureau of Ocean Energy Management’s (BOEM) approval of the Vineyard Wind 1 offshore wind project. The brief argues that BOEM unlawfully reinterpreted the Outer Continental Shelf Lands Act (OCSLA) to expand its discretionary authority and bypass statutory protections for ocean users and marine ecosystems.
“Congress imposed clear, enforceable limits on BOEM’s authority,” said Lisa Linowes a spokesperson for SRWC. “Rather than following the law, BOEM reshaped it to serve policy objectives — without public input or congressional approval.”
Key Points from the Amicus Brief:
Improper Balancing of Mandatory Protections: BOEM reinterpreted OCSLA § 8(p)(4), which requires the agency to “ensure” compliance with twelve independent statutory safeguards — including protections for navigation, fishing, and the environment — by introducing a balancing framework that treats these protections as negotiable.
Textual Revision to Expand Authority: To support this reinterpretation, BOEM also modified a key provision of OCSLA (§ 8(p)(4)(I)) by repositioning a parenthetical phrase (“as determined by the Secretary”) in a way that artificially broadened the agency’s discretion over what qualifies as “reasonable uses” of the outer continental shelf and what level of interference is permissible — a subtle but powerful change that had the effect of rewriting the statute through guidance rather than legislation.
Avoidance of Formal Rulemaking: In April 2021, BOEM issued a memorandum setting forth its new interpretation of the statute, which it then applied to approve Vineyard Wind 1 and ten other offshore wind projects. Despite immediately implementing this revised framework, BOEM waited three years to begin the formal rulemaking process required by the Administrative Procedure Act (APA), thereby denying stakeholders the opportunity for notice-and-comment participation.
Unlawful Substitution of Compensation for Prevention: Rather than ensuring that offshore development avoids interfering with reasonable ocean uses — as the statute demands — BOEM relied on compensatory mitigation such as developer-funded payments or offsets. The brief argues that this approach replaces legal compliance with after-the-fact financial remedies, in direct conflict with Congress’s mandate to prevent interference. In a January 2025 planning document, BOEM conceded “There are no existing Federal regulations that require compensation for economic loss from displacement attributed to offshore wind energy installations.”
“This is a revealing admission,” said Linowes. “BOEM is approving projects it knows will harm fishermen and other ocean users, while relying on voluntary, developer-funded payments that have no basis in law. Compensation is not prevention — and it’s not a substitute for statutory compliance.”
Why This Case Matters
OCSLA § 8(p)(4) requires BOEM to ensure offshore wind projects comply with multiple statutory safeguards, including protecting existing ocean uses. The APA prohibits agencies from adopting binding rules or new interpretations without public rulemaking. The SRWC brief contends that BOEM’s failure to follow these legal obligations reflects a pattern of administrative overreach, enabled by improper judicial deference.
“If left unchecked BOEM’s conduct would allow agencies to bypass Congress by issuing internal memos and shifting statutory meaning without transparency or accountability,” Linowes said.
The Save Right Whales Coalition (https://saverightwhales.org/) is a broad alliance of scientists, fishermen, environmental advocates, and community groups committed to protecting endangered marine species and defending the lawful use of ocean resources.
Editor’s note: “In recent years, the Southeast Asian country of Vietnam experienced a boom in renewable energy investments driven by generous feed-in tariffs, under which the state committed to buying electricity for 20 years at above-market prices. However, the high tariffs increased losses for Vietnam’s state-owned power utility EVN, the only buyer of the generated electricity, and led to an increase in power prices for households and factories. Authorities have repeatedly tried to reduce the high tariffs. Now they are considering a retroactive review of the criteria set for accessing the feed-in tariffs.”
“It’s really hard to build wind farms in Arizona, and if you put this into place, it’s just pretty much wiping you out,” said Troy Rule, a professor of law at Arizona State University and a published expert on renewable energy systems. “It’s like you’re trying to kill Arizona’s wind farm industry.”
United States Congressional House Republicans are seeking to prevent the use of taxpayer dollars to incentivize what they describe as “green energy boondoggles” on agricultural lands, citing subsidies that could cost taxpayers hundreds of billions of dollars over the next decade.
They are expensive to build, just finding their footing on this side of the Atlantic, and have faced backlash from parties as varied as beachfront property owners and fishermen to coastal businesses and fossil fuel backers(most of the developers have fossil fuel ties).
The future of Humboldt County’s offshore wind industry appears increasingly uncertain following mass layoffs at RWE and Vineyard Offshore, the multinational energy companies leading efforts to develop commercial-scale floating wind farms on the North Coast. The job cuts come in response to widespread market uncertainty following President Donald Trump’s efforts to ban offshore wind development in the United States.
A critical permit for an offshore wind farm planned near the New Jersey Shore has been invalidated by an administrative appeals board.
COLOMBO — In a dramatic turn of events, Indian tycoon Gautam Adani’s Green Energy Limited (AGEL) has withdrawn from the second phase of a proposed wind power project in northern Sri Lanka. The project, which was planned to generate 250 MW through the installation of 52 wind turbines in Mannar in the island’s north, faced strong opposition since the beginning due to serious environmental implications and allegations of financial irregularities.
While renewable energy is a crucial need in the era of climate change, Sri Lankan environmentalists opposed the project, citing potential ecological damage to the sensitive Mannar region. Additionally, concerns arose over the way the contract was awarded, without a competitive bidding process.
The former government, led by President Ranil Wickremesinghe, had inked an agreement with AGEL, setting the power purchase price at $0.82 per unit for 20 years. This rate was significantly higher than rates typically offered by local companies. “This is an increase of about 70%, a scandalous deal that should be investigated,” said Rohan Pethiyagoda, a globally recognized taxonomist and former deputy chair of the IUCN’s Species Survival Commission.
Legal battles
Five lawsuits were filed against this project by local environmental organizations, including the Wildlife and Nature Protection Society, the Centre for Environmental Justice and the Environmental Foundation Ltd. In January, the newly elected government expressed its desire to cancel the initial agreement and to renegotiate its terms and conditions, citing the high electricity tariff. Environmentalists welcomed the decision, believing the project would be scrapped entirely. However, their relief was short-lived when AGEL clarified that the project itself was not canceled, only the tariff agreement.
Government spokesperson Nalinda Jayatissa later confirmed that the project would proceed after renegotiating a lower power purchase rate. However, two weeks later, AGEL announced its complete withdrawal from the project, a decision widely believed to be influenced by the government’s stance.
Wind energy potential
Sri Lanka has been exploring wind energy potential for more than two decades, with the first large-scale wind farm in Mannar named Thambapavani commissioned in 2020. This facility, comprising 30 wind turbines, currently generates 100 MW of power. With an additional 20 turbines planned, the Mannar wind sector would have surpassed 100 towers.
The Adani Group had pledged an investment totaling $442 million, and already, $5 million has been spent in predevelopment activities. On Feb. 15, the Adani Group formally announced its decision to leave the project. In a statement, the group stated: “We would respectfully withdraw from the said project. As we bow out, we wish to reaffirm that we would always be available for the Sri Lankan government to have us undertake any development opportunity.”
Environmentalists argue that Mannar, a fragile peninsula connected to the mainland by a narrow land strip, cannot sustain such extensive development. “If built, this project would exceed the carrying capacity of the island,” Pethiyagoda noted.
Mannar is not only a growing tourism hub, known for its pristine beaches and archaeological sites, but also Sri Lanka’s most important bird migration corridor. As the last landmass along the Central Asian Flyway, the region hosts millions of migratory birds, including 20 globally threatened species, he added.
Sampath Seneviratne of the University of Colombo, who has conducted satellite tracking research on migratory birds, highlighted the global importance of Mannar. “Some birds that winter here have home ranges as far as the Arctic Circle,” he said. His research has shown how extensively these birds rely on the Mannar Peninsula.
Although mitigation measures such as bird monitoring radar have been proposed to reduce turbine collisions, power lines distributing electricity remain a significant threat, particularly to species like flamingos, a major attraction in Mannar. The power lines distributing electricity from the already established wind farm near the Vankalai Ramsar Wetland and are already proven to be a death trap for unsuspecting feathered kind.
Nature-based tourism
Given Mannar’s ecological significance, conservationists say the region has greater potential as a destination for ecotourism rather than large-scale industrial projects. “Mannar’s rich biodiversity and historical value make it ideal for nature-friendly tourism, which would also benefit the local community,” Pethiyagoda added.
With AGEL’s withdrawal, Sri Lanka now faces the challenge of balancing its renewable energy ambitions with environmental conservation. However, there are other sites in Sri Lanka having more wind power potential, and Sri Lankan environmentalists hope ecologically rich Mannar will be spared from unsustainable wind farms projects.
Editor’s note: A big backlash to new “renewables” is mounting across the country. With states, corporations, utilities and the federal government setting aggressive “renewable” energy goals, as well as big tax incentives such as the Inflation Reduction Act, wind and solar developers have been pushing projects that are igniting fierce battles over the environment, property rights, loss of farmland, climate change, aesthetics, the merits of renewable power and a host of other concerns.
With states, corporations, utilities and the federal government setting aggressive renewable energy goals, as well as big tax incentives such as in last year’s Inflation Reduction Act, wind and solar developers have been pushing projects that are igniting fierce battles over property rights, loss of farmland, climate change, aesthetics, the merits of renewable power and a host of other concerns.
“My guess is that we’re going to need a lot of “renewables” built on public lands further west, just because we’re seeing so much opposition growing up, especially sort of the middle of the country that’s already very dense on wind,” said Rich Powell, CEO of Clear Path, a nonprofit policy group working to curb carbon emissions, during a panel discussion on the state of the electric grid since the deadly 2021 winter storm Uri.
What is happening in these backlash battles is a lot of what is called misinformation that is skewed by political polarization. Community resistance to these projects sends a clear message to the powers that be that there are legitimate concerns that run across party lines about “renewables” energy. The issue concerning “renewables” shouldn’t be a left or right discussion but one that looks forward at the cost environmentally and economically instead.
“A week after enacting one of the state’s strictest ordinances governing commercial wind energy production, Washington County Supervisors directed staff not to accept any applications for turbine development until after the code can be amended with provisions governing debris cleanup for the generators.”
Will local control be lost? State climate bill likely to usurp authority over siting of clean energy infrastructure
Coalition broadens attack on offshore wind with pledge to scrap second declared zone
This coverage is made possible through a partnership with Grist and Interlochen Public Radio in Northern Michigan.
A backlash lawsuit is challenging how the state of Michigan plans to approve large renewable energy projects, just weeks before a new law is set to go into effect.
About 80 townships and counties are suing the Public Service Commission, the state’s energy regulating body, over how it plans to grant siting permissions to renewable projects. The suit, filed November 8, could shape how and where solar, wind, and battery storage are developed — and it muddies the process for projects to be approved in the meantime.
Last year, Michigan’s Democrat-controlled Legislature passed a bundle of ambitious climate policies, including changes to the application process for large renewable projects. One of those laws, Public Act 233, allows the state to greenlight utility-scale renewables — like solar arrays of at least 50 megawatts — that in the past could have been slowed or blocked by local governments. The bill passed on promises that it would help meet clean energy goals and reduce greenhouse gas emissions by providing developers with additional paths forward.
Renewable energy advocates had high hopes that it would mark a turning point for Michigan, which has a deep history of local control. In crafting PA 233, lawmakers followed the example of states like Illinois that in recent years have worked to streamline permitting and curtail local governments’ power to restrict renewables.
“I think there was a huge amount of relief on the part of landowners, who have had options agreements and contracts to participate in wind and solar projects, but have been blocked from getting lease payments, essentially, by backlash from local governments,” said Matthew Eisenson, a senior fellow at the Sabin Center for Climate Change Law at Columbia Law School. Eisenson has argued for regulators to clarify Michigan’s law to ensure projects are protected from local restrictions. According to the Sabin Center, by the end of 2023, at least 22 clean energy projects had been stalled throughout the state by local governments (though some have since moved forward) and at least seven townships had placed severe restrictions on developing industrial solar in areas zoned for agricultural use.
Critics of the law, meanwhile, allege that it wrests control away from the people who live in these areas, and the local governments that know what’s best for their communities.
Legal challenges to Michigan’s new climate laws weren’t exactly unexpected; an effort to repeal the siting law entirely failed earlier this year, because organizers didn’t collect enough signatures to put it to a vote. But this latest appeal in Michigan has gained national attention, with the climate news site Heatmap News writing that it may be “the most important legal challenge for the “renewables” industry in America.”
The lawsuit is challenging the Public Service Commission’s plans to implement the renewable siting law, not the law itself. And as other states consider permitting reform — and whether to keep big “renewable” projects under local or state control — such legal actions could be easier than trying to repeal an entire law, Eisenson said: “There are more options.”
This latest legal challenge was filed after the Public Service Commission announced how the new law for approving project sites would work — a process that involved months of public engagement by the commission in an effort to clarify the rules, including what, exactly, local governments need to have on the books to get the first say on a proposed project.
The lawsuit says the commission’s regulators didn’t follow the proper rulemaking procedures to issue such requirements, and that they undermined the local control that’s baked into PA 233. In particular, the suit challenges the commission’s definition of a “compatible renewable energy ordinance” — a local law that complies with specific state guidelines. PA 233 stipulates that renewable project developers first apply locally as long as the government has a compatible ordinance. If that local ordinance is more restrictive than state law, developers can instead apply directly to the state for approval.
That left some big questions.
Sarah Mills, a professor of urban planning at the University of Michigan who researches how renewable energy impacts rural communities, said while parts of PA 233 are clear — such as the sections on setbacks, fencing, height, and sound — others are murky.
“There’s a whole bunch of things that are traditionally regulated for renewable energy projects that are not mentioned in the law,” she said, like whether local governments can require trees and bushes or ground cover.
The Public Service Commission claims that for a local ordinance to be compatible, it can’t include restrictions on things not included in the law. The plaintiffs behind the appeal disagree.
“That’s not the state of the law, and frankly, it rewrites the legislation, because it doesn’t say that,” said Michael Homier, an attorney with the firm Foster Swift Collins & Smith, who is representing the plaintiffs.
What it comes down to, Homier said, is the scope of the commission’s authority: While he acknowledges regulators can still weigh in on applications, the suit challenges the commission’s broader interpretation of how the law should work.
A commission spokesperson said they couldn’t comment.
Under the commission’s order, only the local government that is zoning a renewable project needs to be considered when granting an approval. But the lawsuit argues that when more than one jurisdiction is affected — like when a county overlaps with a township — both entities should be included in the decision-making.
Mills points out this would affect how much money would flow to local communities from these projects. The state’s law says communities where large projects are located would receive $2,000 per megawatt, along with any required legal fees, which the developer would pay.
“If the affected local unit of government isn’t only the zoning jurisdiction, then the developer would need to pay $2,000 to the county and to the township. So it would be $4,000 per megawatt,” Mills said, in which case “developers are going to have to pay more money.”
Those represented in the appeal are a minority of local jurisdictions; Michigan has 83 counties and more than 1,200 townships. Many are to the south and around the agricultural region in the east colloquially called “The Thumb,” though a few are farther north.
Watchdog groups that track efforts to oppose renewable energy projects say legal challenges are part of coordinated opposition to such development.
“The lawsuit is an extension of ongoing efforts by anti-renewables interests to thwart clean energy in Michigan, and seeks to open the door to poison-pill local rules that effectively prohibit renewables development,” said researcher Jonathan Kim of the Energy and Policy Institute in an email.
In Michigan, debates over large-scale clean energy projects have been acrimonious, and have had consequences for elected officials. Douglass Township, with a population of a little over 2,200, held a recall election in 2022 — part of a wave of unrest in Montcalm County driven by opposition to renewables. “So our community was totally behind us working on ordinances that would protect them from industrialized wind and solar energy,” said Cindy Shick, who won the race for township supervisor as part of the recall.
The state’s recent siting law drastically diminished the local control they had crafted, according to Shick, and the commission’s order eroded it even further, which is why the township joined the lawsuit.
Reasons for opposing utility-scale renewable projects vary widely, from concerns about a loss of agricultural land to the effects such developments would have on the environment. Other critics point out that companies too often fail to consult tribal nations and ignore Indigenous rights when pursuing projects.
Still, others in support of more development say it’s a boon to communities and people looking to make money by leasing their land. Clyde Taylor, 84, is a farmer who grows hay in Isabella Township in central Michigan. The township is among those suing, though Taylor hasn’t looked into the lawsuit.
He’s allowing a company to build a solar array on around two dozen acres of his land. While he has “mixed feelings” about the state’s new siting law, he generally supports it.
“We have to have laws on the books to make this thing fly,” he said, referring to renewable energy adoption. “And they’ve made it fair enough,” with solar projects under 50 megawatts staying in local control.
Ultimately, the local governments involved in the lawsuit are asking the Court of Appeals to cancel at least part of the commission’s order. The law is set to go into effect on November 29. If the appeal is successful at halting the Public Service Commission from implementing the order, it’s unclear how PA 233 would work as the suit moves through the court, a process that could take more than a year.
Editor’s note: “Birds and Offshore Wind: Developing the Offshore Wind that Birds Need”. – 2025 National Audubon Society
With up to a million birds currently being killed each year directly(which does not include indirect causes from mining and manufacturing) by wind turbines in the US, why would an organization dedicated to protecting birds say such a thing? Add on the fact that Wind facilities also require relatively large areas of land and sea. Facility development fragments and otherwise alters habitat in ways that make it unsuitable for species that have historically been present.
Report: “Conflicts of Interest” – Environmental Organizations(Audubon among them) Take Offshore Wind Industry Money
“These offshore projects, which could decimate hundreds of thousands of migratory birds, will be built by some of the largest international oil and gas companies in the world,” the group said. “Our findings take on suspended belief when one considers Ørsted’s involvement with the New Jersey Audubon Society.” The Danish company is the official sponsor of the New Jersey Audubon Society’s fundraiser, the World Series of Birding where funds are raised to support bird conservation.
Sixteen shorebird species have been reclassified to higher threat categories as the global population of migratory shorebirds across the world saw a substantial decline, according to the latest update to the IUCN Red List of Threatened Species.
Conservation partnership BirdLife International, which helps examine the status of the world’s birds for the IUCN Red List, reassessed around half of the 254 species of shorebirds the organization currently monitors, for 2024, according to Ian Burfield, BirdLife International’s global science coordinator.
The reassessment was prompted by a study published last year that showed steep declines in many shorebird species in North America, Burfield told Mongabay via email.
“[B]ut as it only covered part of their global populations, we had to source equivalent data from elsewhere … to produce a global picture, before applying the IUCN Red List criteria to reassess their status,” Burfield said. “Most species did not need recategorizing, but of those that did, virtually all have deteriorated.”
After the latest reassessment, seven of the 16 shorebird species were categorized as “near threatened” and nine are now “vulnerable” to extinction as they experienced global population declines of 20-40% over three generations.
BirdLife International said in a statement that migratory birds are especially at risk as they follow specific migration flyways or routes and stop along the way to rest and feed at certain sites that now face threats like habitat loss and climate change impacts.
“While many of these shorebirds remain numerous and are still commonly encountered along their flyways, new analyses of data from long-term monitoring schemes reveal that the global populations of some species have declined by more than a third in recent decades,” Burfield said in the statement.
Among those that have now been moved into a higher “threatened” category of vulnerable are the gray plover(Pluvialis squatarola)and the curlew sandpiper (Calidris ferruginea), both of which breed in various parts of the Arctic and migrate globally during their nonbreeding seasons. They both face threats from habitat loss and degradation, hunting, and climate change impacts.
The Hudsonian godwit (Limosa haemastica), a large shorebird that breeds in northern Canada and Alaska and migrates to South America during its nonbreeding months, is also now considered vulnerable. The IUCN notes in its assessment of the species that the bird’s population is seeing a “significant decline … most severely noted in numbers recorded at migratory sites in North America.”
BirdLife International said in its statement that protecting shorebirds is also important for the coastal communities that depend on the same habitats as the birds.
‘The perilous declines of migratory birds are a sign that the integrity of flyways is deteriorating,” Burfield said. “Losing the network of habitats that migratory birds depend on to rest and feed during their long journeys could have severe consequences for the millions of people that rely on these sites, as well as the birds.’’
Kristine Sabillo is a wire reporter for Mongabay. She has been a multimedia journalist for more than a decade and has produced political, science and environment content for the online, print, television and radio newsrooms of leading media organizations in the Philippines. Feedback: Use this form to send a message to this author. If you want to post a public comment, you can do that at the bottom of the article page.
Editor’s note: Wind farms are not a solution to ecological destruction, especially not when built in protected reserves. Singapore-based company Rizal Wind Energy Corp. (RWEC) is drilling illegally in wildlife sanctuary and ecotourism area Masungi Georeserve.
For this massive construction it is bulldozing forest to make roads. It needs diesel for the trucks and lube oil to run the wind turbines. Local environmentalists have protected the Masungi Georeserve over generations through educating local people and engaging in struggles against land grabbing.
This important work is dangerous: park rangers are shot, the army arrests workers and the government sends their agencies with legal threats.
Despite having considered giving up, conservationists won’t surrender: “If we abandon it, who will look after the wildlife?”
Everyone who is able to get active in these times of ecocide should ask themselves this same question.
Surprise Discovery of Wind Farm Project in Philippine Reserve Prompts Alarm
In late 2023, conservationists monitoring the Philippine’s Masungi Georeserve were surprised to encounter four drilling rigs operating within the ostensibly protected wildlife sanctuary. The construction equipment belongs to a company building a wind farm within the reserve, which claims to have received the necessary permits despite the area’s protected status. Masungi Georeserve Foundation, Inc. (MGFI), the nonprofit organization managing the site, has launched a petition calling for the project to be canceled, saying that renewable energy generation should not be pursued at the expense of the environment.
Drilling for windfarms without permission
Conservationists have expressed alarm over the surprise discovery that a Singapore-based company has started construction of a wind farm inside the Philippines’ Masungi Georeserve.
The Masungi Karst Conservation Area (MKCA), declared a strict nature reserve and wildlife sanctuary since 1993, is home to more than 400 wildlife species. The site is located in Rizal, a province about 60 kilometers (37 miles) south of the Philippine capital, Manila.
Drone images from late 2023 captured by the Masungi Georeserve Foundation, Inc. (MGFI), the nonprofit organization that manages the site, showed that Rizal Wind Energy Corp. (RWEC) was behind the construction, drilling to build 12 wind turbines as part of a renewable energy project. RWEC is owned by Singapore-based energy developer Vena Energy.
“This development entails widespread road construction and raises significant concerns for local wildlife, particularly threatening birds and bat populations,” the foundation said in a statement on Feb. 12. The group estimates that 500-1,000 hectares (about 1,200-2,500 acres) of the MKCA could be affected by the project, as it would require extensive road networks that may lead to forest clearing, vegetation damage, and visual disruption of the natural landscape.
The MKCA, previously commercially logged and barren, has been undergoing forest restoration since 1996 through a joint-venture agreement between the Department of Environment and Natural Resources (DENR) and Blue Star Construction and Development Corp., owned by the founder of Masungi Georeserve Foundation Inc. In 2016, when the foundation was formally established, Masungi also opened to the public as an ecotourism site, generating revenue to support ongoing restoration efforts in the area.
Green greed disturbs protected zone
Of the more than 400 flora and fauna species that call Masungi home, around 70 are endemic to the Philippines, including the Luzon tarictic hornbill (Penelopides manillae), which is nationally listed as vulnerable, and the Luzon mottle-winged flying fox (Desmalopex leucoptera), one of the world’s largest bats and internationally categorized as vulnerable.
In an online signature campaign against the construction of the wind farm, the group said this “misguided energy development” is the latest threat to Masungi, which already faces illegal logging, land grabbing, quarrying, and violence against its forest rangers. These challenges exist even though Masungi is part of the 26,000-hectare (64,500-acre) Upper Marikina River Basin that was declared a protected landscape in 2011.
The Masungi management said this venture “marked a disturbing violation” of a 1993 administrative order by the DENR prohibiting industrial or commercial uses of Masungi. The organization added that the wind farm project also shows a “blatant disregard” for the area’s designation as a strict protection zone in its own management plan.
As per the Philippine environmental impact statement system, projects that plan to operate in ecologically sensitive zones like Masungi need to obtain an environmental compliance certificate from the DENR prior to commencing activities.
Wind farm in the Philippines
Over four years of developing the Rizal wind farm, Vena Energy said that, “being mindful of its environmental impact,” it has secured various Philippine government permits, including an environmental compliance certificate, protected area management board clearances, and a certificate precondition, following an environmental impact assessment study and consultations with Indigenous peoples.
“Vena Energy assures the public that it continues to maintain open dialogue with stakeholders and is always willing to work with concerned parties to achieve the common good,” Angela Tan, the company’s corporate communications chief, told Mongabay in an emailed statement. The company has not responded to a request to verify its permits.
Coincidental discovery
MGFI says it was never formally informed of the project, which is reportedly nearing commercialization. Instead, georeserve staff discovered the project during routine monitoring of the site. MGFI advocacy officer Billie Dumaliang and her team periodically fly a drone over the reserve to monitor land changes, whether these are caused by fires, clearings, or new structures. In late 2023, they said, they were shocked to see four drilling rigs.
Zooming in on the photos, they discovered that RWEC was behind the drilling. “We immediately searched for their contact so that we can reach out to them and find out more about the project before reacting,” Dumaliang told Mongabay in an email on Feb. 21. “Nonetheless, we were surprised because as designated caretakers of the area, we were not informed of any wind development underway within the Masungi Karst Conservation Area.”
Hoping to persuade the company to relocate, MGFI did not publicize the issue until Feb. 12. This was after two meetings with company representatives where MGFI told them “they are on the wrong track.” According to MGFI, though, the company remains determined to build the wind farm inside Masungi, claiming it will undertake “‘mitigation measures.”
“However, mitigation is superficial if the site selection is wrong in the first place,” Dumaliang said, further expressing disappointment over what she describes as the company’s failure to adhere to emerging environmental, social and governance principles in the alternative energy industry.
“There are many other places to build colossal wind turbines — why do it inside a sensitive karst ecosystem and wildlife sanctuary which cannot be replaced?”
Touching interviews about the activists protecting Masungi Georeserve.
Wind power push
The Philippine government has promoted wind energy development to help meet its target of increasing the share of renewables in the country’s energy mix from 32.7% in 2022 to 50% by 2040. As of 2022, the country’s wind installed generating capacity stood at 427 megawatts, projected to rise to 442 MW by 2025. Since the enactment of a renewable energy law in 2008 up until November 2023, contracts have been awarded to 239 wind power projects. This includes RWEC’s 603 MW (potential capacity) project spanning Rizal and Quezon provinces, listed by the country’s energy department as in the predevelopment stage.
MGFI said wind energy development shouldn’t be pursued at the expense of the environment. “The transition to renewable energy and nature-based solutions such as reforestation and biodiversity conservation should go together. There should be no conflict between the two if the transition to renewable energy is done in a responsible manner,” Dumaliang said.
“If renewable energy development falls under the usual trappings of greed and capitalism, then we risk doing more damage than good.”
The group, along with 30 other civil society organizations, has demanded the revocation of RWEC and Vena Energy’s permits in the MKCA “on scientific grounds and the lack of public consultation.” It’s also seeking outright rejections for similar applications in this wildlife sanctuary, which is meant to be off-limits to industrial and commercial activities.
