Three years after the Nantucket-based group ACK For Whales first sued to stop the Vineyard Wind project, its legal challenge of the offshore wind project is headed to the U.S. Supreme Court.
After its arguments were rejected by lower courts, ACK For Whales on Monday formally petitioned the U.S. Supreme Court to take up the case.
The petition asserts that the U.S. 1st Circuit Court of Appeals wrongly allowed the National Marine Fisheries Service (NMFS) to ignore the Endangered Species Act’s (ESA) requirement to use “the best available scientific and commercial data available” when it ruled in April against ACK For Whales’ challenge of Vineyard Wind.
