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Posts Tagged ‘Ocean City MD’

US Wind lease highlighted in green

Historically, State and local governments have tended to be aligned, either for or against offshore energy (primarily oil and gas) leasing. However, a new (offshore) world order is emerging with local governments joining the new Administration in opposition to wind projects.

Most recently, and consistent with previous speculation, the Federal govt announced its intent to revoke approval of the Construction and Operations Plan for the US Wind project offshore Maryland and Delaware. (See the attached court filing.) This project is not yet in the construction phase.

Particularly noteworthy, as has been the case for other wind projects offshore Mid-Atlantic and New England states, is the alignment of Federal and local (coastal) govts in opposition to State policies.

Specifically, with regard to the US Wind project, the positions of State and local leaders couldn’t differ more:

Ocean City MD Town Manager Terry McGean:

“This is an extremely positive development in our fight against the irresponsible and costly US Wind project,” McGean said to WBOC on Monday. “We have stated all along that the approval of this project was fast and tracked without adequate public input and that approvals ignored significant risks to our economy, fishing industry, marine mammals, and the horseshoe crab. We are glad that our concerns are finally being taken seriously.”

Ocean City Mayor Rick Meehan:

For the past eight years, Ocean City has voiced strong opposition to the proposed US Wind project. Unfortunately, we believe this project was fast-tracked and that our serious concerns have been largely ignored throughout the review process.

Contrast the above comments with this statement from MD Governor Wes Moore:

Canceling a project set to bring in $1 billion in investment, create thousands of good paying jobs in manufacturing, and generate more Maryland-made electrical supply is utterly shortsighted,” the Governor’s statement reads in part. “The President’s actions will directly lead to utility-rate hikes by taking off most promising ways for Maryland to meet its looming energy generation challenges.”

Such sharply divergent views are also evident in other coastal states. Offshore wind could be a factor in the upcoming gubernatorial race in NJ. The pro-wind energy candidate has the support of large environmental NGOs, while her opponent is supported by grass roots environmental groups that strongly oppose wind projects.

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A new court filing (attached) informs that the Dept. of the Interior is reconsidering the Construction & Operations Plan (COP) approval for US Wind’s Maryland Offshore Wind (“MarWin”) Project (maps above). That approval is the subject of litigation filed by Ocean City MD and others.

The key section of the Federal government’s filing is pasted below.

  1. An extension in this case is necessary as Interior intends to reconsider its COP approval and move in the District of Maryland—the first-filed case—for voluntary remand of that agency action. See, e.g., Util. Solid Waste Activities Grp. v. EPA, 901 F.3d 414, 436 (D.C.Cir. 2018) (recognizing that administrative agencies have the authority to reconsider their decisions). The outcome of Interior’s reconsideration has the potential to affect the Plaintiff’s claims in this case.

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As promised, Ocean City, Maryland, neighboring towns, counties, fishing groups, the Save Right Whales Coalition, and a long list of commercial entities have sued BOEM for approving the Construction and Operations Plan (COP) for the Maryland Offshore Wind project. The complete filing is attached.

The plaintiffs’ discussion of BOEM’s failure to consider true alternatives (begins on p. 43) is particularly interesting. They contend that “BOEM rejected out-of-hand all true alternatives, and selected alternatives with only minor differences in number of turbines and the route for the power cables from the proposed action.

The plaintiffs also assert (p. 44) that “BOEM flatly rejected the option of not authorizing the Maryland Offshore Wind Project—as though approval were foreordained, with only the details to be determined.

The plaintiffs’ argue further (p. 46) that BOEM failed to analyze the 3 phases of the project, particularly the third phase which is open-ended at this time.

Blade failure concerns are discussed beginning on p. 49. Excerpt:

Missing from BOEM’s Final EIS is any discussion or analysis of the environmental impacts in the event of blade and turbine failure and the degradation of Project components, which are known and foreseeable possibilities that should have been reviewed and analyzed by BOEM. Risks of blade and turbine failure and component degradation are not hypothetical. Rather, they pose real dangers to the water quality of the ocean, fish and essential fish habitats, marine mammals, benthic resources, and recreational and commercial boaters.”

As previously recommended, wind leasing and plan approvals should be paused until BSEE’s investigation of the Vineyard Wind blade failure and the associated environmental damage study have been completed.

There is much more in this filing for those who want to take a closer look.

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Rendering of Ocean City MD morning view per US Wind project plan submitted to BOEM
Ocean City NJ offshore wind protest

To those of us from Philly, Ocean City is in New Jersey. To those living in the DMV, Ocean City is in Maryland. These popular beach resorts have distinct personalities, but both are heavily dependent on tourism. They are also aligned against offshore wind development.

OCNJ and surrounding Cape May County have been called the epicenter of resistance to offshore wind. They sued the Federal government over the approval of the Construction and Operations Plan and issuance of the Incidental Harassment Authorization for the Ocean Wind 1 project. Orsted has since elected not to pursue that project, but somehow the leases have remained in effect.

On Aug. 5, Ocean City MD Mayor Rick Meehan said the town has hired a law firm, and will join several local co-plaintiffs in suing BOEM if it issues a federal permit to US Wind to construct the US Wind project offshore Maryland. Exactly one month later (9/5/2024), BOEM approved the project. (The 2 US Wind leases have been consolidated, and the project is now known as the Maryland Offshore Wind project).

Halting Atlantic wind projects has been a difficult proposition for local governments, tribes, and grass roots environmental groups given that the wind industry, State and Federal govt, and the large environmental NGOs have been firmly aligned against them. Indeed, the Federal govt considers wind developers to be their partners.

Disputes between State and local governments regarding offshore wind policy are becoming increasingly strident. Such disconnects are not common for offshore oil and gas given that State and local govts are typically aligned either for or against.

The growing level of discord is neither in the best interest of wind developers nor their opponents. Unfortunately, election year politics probably stand in the way of a pause in wind leasing that would facilitate open and unpressured collaboration with coastal residents, power customers, tribes, and fishing organizations on the best path forward.

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