Feds to reconsider US Wind offshore approval, seek remand in Ocean City case

OCEAN CITY, Md. - The federal government says it will reconsider its approval of US Wind’s offshore wind project and plans to seek a voluntary remand in a legal challenge filed by the Town of Ocean City.

The announcement came in a July 28 court filing in the U.S. District Court for Delaware, where attorneys for the Department of the Interior also asked for more time to respond to a separate lawsuit filed by South Bethany property owner Edward Bintz. That case, Bintz v. United States Department of the Interior, alleges the government’s approval of the project violated the Coastal Zone Management Act.

The wind project would add dozens of turbines roughly 10 to 15 miles off the Ocean City coast. While developers say it will bring jobs, clean energy and long-term sustainability, opponents argue it could threaten the town’s tourism-driven economy and marine environment.

The Town of Ocean City and other plaintiffs have long voiced concerns that offshore turbines could drive tourists to other coastal destinations and change the character of the beach town.

Jen Pawloski, one of the plaintiffs in the Maryland lawsuit, said she is particularly concerned about what could happen if a turbine fails.

“There was a project off of Nantucket called Vineyard Wind where one of the blades failed,” she said. “It littered the ocean, and the Nantucket beaches were filled with fiberglass shards and plastic debris.”

US Wind has defended the project on its website, stating that it will create clean energy, promote sustainability and bring new employment opportunities to the region. The company did not respond to a request for comment regarding the lawsuits or the federal government’s recent filings.

The Maryland lawsuit, Ocean City v. Department of the Interior, was the first to challenge the project’s approval. The federal government now says it plans to request a voluntary remand in that case, which would allow the Department of the Interior to reevaluate its earlier decision while the court pauses proceedings.

“So basically, it’s the agency saying they want to re-evaluate what had been done previously,” Pawloski said.

Because the Maryland lawsuit was filed first and is closely related, the federal government is also asking the Delaware court to delay its response to the Bintz case until the Maryland court rules on the remand motion. The government has requested an extension until Sept. 5 to file its response in the Delaware case.

With both cases now in limbo, the future of the US Wind project remains uncertain — and it's unclear which way the wind will blow.