BALTIMORE, Md. - A federal judge in Baltimore has refused to fully dismiss a sweeping legal challenge from Ocean City, Fenwick Island and dozens of other plaintiffs seeking to halt the construction of the US Wind offshore wind project off Maryland and Delaware.
In a memorandum opinion filed July 2, U.S. District Judge Stephanie Gallagher granted only a partial dismissal of the lawsuit, allowing six of the eight claims to move forward. The case pits more than 30 plaintiffs, including local governments, fishing businesses, tourism companies and advocacy groups, against the U.S. Department of the Interior, the Bureau of Ocean Energy Management and US Wind Inc.
The plaintiffs allege federal agencies violated multiple environmental laws when they approved plans for US Wind to build wind turbines in the Atlantic Ocean. They contend the project threatens endangered species, could damage marine habitats and the coastal tourism economy.
US Wind and the federal government had sought to dismiss the case in its entirety, arguing that the plaintiffs lacked legal standing and failed to state valid claims under statutes including the National Environmental Policy Act and the Endangered Species Act.
Judge Gallagher ruled that at least one plaintiff, a man who regularly watches whales off Ocean City, had adequately alleged injury that could support standing to challenge the agencies’ decisions.
“The viewshed that Collins has enjoyed for years will be destroyed and will [sic] drive the whales that he views out of the area,” said John Collins in his complaint.
The court did dismiss two of the eight claims: allegations under the Migratory Bird Treaty Act and the Coastal Zone Management Act. Gallagher concluded the agencies’ approvals of the project did not amount to a direct violation of the bird protections and that there was no private right to challenge Delaware and Maryland’s findings that the project complied with their coastal programs.
However, the judge declined to dismiss claims that the federal agencies failed to properly assess the cumulative impacts of East Coast offshore wind development or sufficiently analyze risks to endangered marine mammals.
Ocean City's mayor and town council applauded the judge's decision to deny US Wind's motion to dismiss, stating Thursday that the ruling affirms their standing and that they prevailed on five major claims.
"As we have stated for over eight years, this project threatens to devastate our tourism industry, commercial and recreational fishing sectors and poses risks to national defense," the statement said. "[We] stand united with our residents and property owners in the fight to protect our community, our economy, our ecosystem, our fishing industry and everything that makes this place we call home special- today and for future generations."
The US Wind project is part of the Biden administration’s broader strategy to accelerate renewable energy development along the Atlantic coast. Offshore wind proponents argue it will bring jobs and clean power to the region, while critics warn of lasting harm to fisheries and coastal viewsheds.
The ruling clears the way for discovery and further proceedings on the remaining claims. US Wind still needs additional permits before construction can begin.
Delaware lawmakers recently passed senate bill 159 that could eventually allow US Wind to build a substation on the site of the former Indian River Power Plant, despite a prior denial by the Sussex County Council.