Whale washed ashore in brigantine. Photo provided by noaa. — Whale washed ashore in Brigantine. Photo provided by NOAA.

ASBURY PARK, N.J. — A coalition of environmental groups is demanding the National Oceanic and Atmospheric Administration (NOAA) revoke its permits for the Empire Wind project, alleging the agency relied on outdated and faulty science that poses threats to endangered whale species.

The formal petition was submitted Monday by Save the East Coast Inc., Protect Our Coast–Long Island, and Green Oceans, citing a newly released analysis. The report claims NOAA’s harassment authorization permits for offshore wind development ignored modern acoustic science and underestimated risks to marine mammals, particularly the critically endangered North Atlantic right whale.

“This petition calls on NOAA to abrogate Empire Wind’s LOA due to substantial evidence that the permitted taking will have more than a ‘negligible’ impact on marine mammals,” said Thomas Stavola Jr., attorney for Save the East Coast.

The petition outlines six major findings, including:

Severe risks to North Atlantic right whales: Six concurrent wind projects could affect up to 76% of the population, violating the Marine Mammal Protection Act.
Underestimated acoustic threats: Independent testing showed sonar noise levels reaching 226 dB, far above NOAA’s 160 dB threshold, risking permanent damage.
Statistical link to whale deaths: Analysis using NOAA data and geospatial mapping found a strong correlation between offshore wind activity and increased whale mortality.
Dangers from pile-driving noise: Research indicates this noise is more harmful than sonar, dramatically increasing risks of auditory trauma.
Whale death case study: A humpback whale known as “Saint,” found dead in Long Branch in 2023, had no signs of trauma or disease but died amid 13,805 miles of nearby sonar activity. Analysts cited sonar as the primary cause.
Legal violations: The petition asserts that NOAA’s reliance on outdated research violates the Marine Mammal Protection Act and Endangered Species Act.

The petition further criticizes NOAA for not conducting or publishing full necropsies and for failing to adjust its harassment authorizations despite mounting evidence. It calls for the immediate suspension of Empire Wind’s Letter of Authorization and a halt to all related activities until NOAA updates its scientific evaluations.

“Permits authorizing harm and death to marine mammals must be rescinded before at-risk species are lost forever,” said Mike Dean, a board member of Save the East Coast Inc.

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