OCEAN CITY, Md. — A federal judge has dismissed US Wind’s cross-claim in ongoing litigation over the offshore wind project planned off the coasts of Maryland and Delaware.
Ocean City leaders announced that on Feb. 13, Judge Gallagher of the United States District Court granted the federal defendants’ motion to dismiss US Wind’s cross-claim in its entirety.
The dismissal was issued without prejudice, meaning the court did not rule on the underlying merits of the claims. However, as filed, the cross-claim has been rejected and will not move forward.
Ocean City officials called the ruling a significant procedural victory in the broader legal fight over the offshore wind project.
“This ruling reinforces what we have maintained from the beginning: Ocean City has raised legitimate concerns regarding the offshore wind project and its impacts on our community, economy, tourism industry, and coastal environment,” town leaders said in a statement. “Attempts to shift responsibility or complicate these proceedings through additional claims have now been dismissed by the Court.”
The case includes more than 30 plaintiffs, including Ocean City, Fenwick Island, fishing businesses, tourism companies and advocacy groups. They are seeking to halt construction of the US Wind offshore wind project, arguing that federal agencies violated environmental laws when approving plans for wind turbines in the Atlantic Ocean.
The lawsuit names the U.S. Department of the Interior, the Bureau of Ocean Energy Management and US Wind Inc. Plaintiffs contend the project threatens endangered species, could damage marine habitats and harm the coastal tourism economy.
US Wind and federal government lawyers have sought to dismiss the case, arguing the plaintiffs lacked legal standing and failed to state valid claims under federal statutes, including the National Environmental Policy Act and the Endangered Species Act.
The US Wind project was part of the Biden administration’s broader strategy to expand renewable energy development along the Atlantic coast. Supporters say offshore wind will create jobs and generate clean power, while opponents warn of potential long-term impacts on fisheries and coastal views.
The broader case remains pending in federal court.