OCEAN CITY, MD - The Town of Ocean City, along with numerous co-plaintiffs including Fenwick Island, have filed a lawsuit against the federal Bureau of Ocean Energy Management (BOEM) and several other federal agencies over a planned offshore wind project by US Wind.
The suit, filed Friday, October 25th, in the United States District Court in Maryland, challenges the federal government’s approval process for the US Wind project and alleges numerous violations of Delaware, Maryland, and federal protection policies.
WBOC has obtained a copy of the lawsuit, which calls on the US District Court in Maryland to reverse BOEM's current approval of US Wind's project and halt its progress until the project's plans and approval are in compliance with multiple agencies and acts.
According to Ocean City officials, the town retained Marzulla Law, LLC to file the lawsuit. Ocean City says the legal complaint aims to protect the coastline and community, as well as ensure that all impacts of US Wind’s proposed project are thoroughly evaluated and addressed.
Joining Ocean City in the suit are Town Council of Fenwick Island, the Worcester County Commissioners, Hotel-Motel-Restaurant Association (HMRA), Delmarva Community Managers Association (DCMA), Ocean City Development Corporation (OCDC), Greater Ocean City Chamber of Commerce, Coastal Association of Realtors, the Commercial and Recreational Fishing Industry, and other local entities.
"We have a responsibility to protect our ecosystem, our economy, view shed and our future,” stated Ocean City Mayor Rick Meehan. “For the past seven and half years we have been trying to work with the State of Maryland and the federal government to address our concerns with this project. All of our concerns were either ignored or considered insignificant. It is unfortunate that it has come to this, but the Town was left with no choice but to file suit against BOEM and challenge their favorable record of decision on the US Wind project."
Just this week, NOAA published final regulations on US Wind’s proposed project that establishes how much accidental harm is permissible during construction and operation of the wind farm. The plaintiff's suit, according to court documents, claims the project's authorization fails to comply with federal protections to both marine mammals and migratory birds.
The complaint also alleges the project's approval was also in violation of the Administrative Procedure Act, National Environmental Policy Act, Endangered Species Act, Coastal Zone Management Act, and National Historic Preservation Act.
US Wind’s proposed project includes 114 offshore wind turbines just under 11 miles off the coast. Ocean City has maintained the windfarm poses significant potential impacts to the town’s economy, which relies heavily on the tourism and fishing industries.
"Ocean City will suffer direct, substantial, and cognizable injuries-in-fact as a direct result of the construction and operations of the Maryland Offshore Wind Project—injuries that would be avoided absent the Government’s approval of the Project," the suit reads.
The complaint goes on to argue the negative impacts on Fenwick Island specifically as well:
"The presence of this Project’s 114 turbines 10.7 miles off the coast, which will destroy the pristine ocean view, degrade water quality, injure marine life, and create safety issues, will deter seasonal residents and tourists from traveling to Fenwick Island. Fenwick Island’s main attractions are the waters of the Atlantic and the beaches and without the pristine, unimpeded ocean views, the community and economy will suffer immensely."
Ocean City officials say Marzulla Law, LLC specializes in environmental and property rights litigation.
