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The Trump administration has officially asked a judge to vacate a crucial federal permit issued for the wind farm proposed off the coast of Ocean City.
The move was expected, originally signaled by Justice Department attorneys聽聽but Friday鈥檚 filing provided more details on the government鈥檚聽justification for reconsidering the project鈥檚 鈥渃onstruction and operations plan鈥� that was approved late in President Joe Biden鈥檚 (D) presidency.
, Acting Assistant Attorney General Adam R.F. Gustafson cited a聽聽from President Donald Trump (R) that ordered a review of all federally permitted wind projects, in addition to halting the issuance of new permits.
The government argued it did not adequately consider the impacts of the Ocean City project 鈥� to be developed by US Wind 鈥� on commercial fisheries and potential search-and-rescue efforts in the area.
The Ocean City filing comes amid a broader assault on wind energy by the Trump administration. Just last week, Interior Secretary Doug Burgum said at an energy conference in Italy that, 鈥淯nder this administration, there is聽聽for offshore wind because it is too expensive and not reliable enough.鈥�
US Wind is likely to push back hard to defend its project, which proposes building up to 121 wind turbines about 10 nautical miles from the Ocean City beach, enough to power more than 718,000 homes, according to government documents.
In a statement Friday, Liz Burdock, CEO of the Oceantic Network, an offshore wind industry group, argued that the federal government is unfairly targeting previously approved projects.
鈥淭he unlawful actions by the Trump administration against fully permitted offshore wind projects up and down the East Coast represent one of the largest, economically devastating assaults on U.S. workers, businesses, and energy in decades,鈥� Burdock said. 鈥淩evoking a permit on an approved project after years of thorough agency review will raise electricity prices for families, jeopardize private investment, delay economic growth, and weaken our power grid.鈥�
She argued that the US Wind project was already drawing investment to the region even though construction has yet to begin, including by attracting a new steel manufacturing facility to Baltimore County鈥檚 Tradepoint Atlantic. The federal government聽聽grant in August that would have bolstered that facility. US Wind officials said the project would move ahead regardless.
The wind project has drawn support from Maryland Gov. Wes Moore (D) and Democrats in Annapolis. But it has a passionate opponent in the Town of Ocean City. Town leaders support the Justice Department鈥檚 request, according to legal filings.
After Biden鈥檚 Interior Department approved US Wind鈥檚 construction and operations plan, the town filed suit in the U.S. District Court of Baltimore. Now, the federal government wants to reconsider the approval 鈥� and that could render Ocean City鈥檚 complaints moot.
鈥淔ollowing remand, BOEM [Bureau of Ocean Energy Management] will issue a new decision with new analysis that may significantly impact, or outright moot, Plaintiffs鈥� claims,鈥� read Friday鈥檚 filing from Justice.
The federal government argued that it has broad authority to reconsider permits it believes were issued in error. Its filing cited Trump鈥檚 memorandum, issued on his first day in office, ordering the Interior secretary to 鈥渃onduct a comprehensive review of the ecological, economic, and environmental necessity of terminating or amending any existing wind energy leases, identifying any legal bases for such removal, and submit a report with recommendations to the President.鈥�
In a prior filing, US Wind had argued that a remand 鈥� before the court has had a chance to consider the merits of the permit and Ocean City鈥檚 complaints 鈥� would be unwarranted.
鈥淔ederal Defendants have abruptly reversed their past defense of their own final decisions approving the Project, abandoning their prior litigation position鈥� on a 鈥渧ague premise,鈥� read the early September filing from US Wind attorneys.
In addition to remanding the permit back to the agency for reconsideration, the Justice Department asked the judge to vacate the Biden-era permit, rather than leaving it in effect.
Justice Department attorneys argued that a reevaluation of the permit wouldn鈥檛 impact US Wind, citing the company鈥檚 previous comments that it didn鈥檛 intend to begin onshore construction until at least 2026, followed by offshore construction.
They added that the project is still missing a 鈥渒ey local approval鈥� from Delaware鈥檚 Sussex County, and that Ocean City聽聽an air pollution permit issued to the wind farm by the Maryland Department of the Environment.
鈥淏ecause there would be no construction delay, remand and re-evaluation, standing alone, does not prejudice US Wind,鈥� the Justice Department argued in its filing.
If the old permit is vacated, the department argued that Ocean City鈥檚 litigation should be dismissed. But if it remains in effect during the reevaluation, the case should be stayed, DOJ argued.
鈥淎bsent a stay, Federal Defendants would be forced to expend limited agency resources on litigating the merits of agency decisions that address the anticipated impacts of construction and operations that are being reconsidered and thus may not ever occur as now envisioned,鈥� read the Friday filing.
