OCEAN CITY, Md.- The legal battle over an offshore wind project off Delmarva rages on. US Wind has filed a lawsuit challenging the federal government’s decision to revoke previously approved permits for its offshore wind project.
The case, filed in the U.S. District Court for Maryland, alleges that the federal government acted arbitrarily, capriciously and in violation of multiple federal laws.
The lawsuit claims that federal agencies abruptly reversed course on approvals after previously supporting the project.
US Wind argues that the decision ignored established procedures, lacked a reasoned explanation and was influenced by political pressure.
According to the filing, evidence of undue influence includes communications from elected officials, including the President and members of Congress, directing the agencies to halt offshore wind development.
US Wind asserts that the revocation violates the Administrative Procedure Act, the Outer Continental Shelf Lands Act, the Endangered Species Act, the Marine Mammal Protection Act, the National Historic Preservation Act and the U.S. Constitution’s Fifth Amendment.
The company also emphasizes that it relied on the original federal approvals, which involved extensive environmental and socioeconomic review.
The lawsuit requests the court to:
Declare that the federal approvals were lawfully issued,
Stop the federal government from vacating or undermining the approvals, and
Grant other relief, including attorney’s fees and costs.
US Wind’s attorneys argue that the project’s approvals followed all applicable federal regulations and that the revocation threatens the company’s ability to move forward on a project considered critical for renewable energy development on the Outer Continental Shelf.
The court has yet to schedule hearings on the matter.