DELMARVA - The Trump Administration has officially submitted a legal request to vacate the previous Biden Administration’s approval of a federal permit for the construction and operation of US Wind’s proposed wind farm off Delmarva’s shores.
As WBOC first reported, Attorney General Pam Bondi’s office notified both the U.S. District Courts of Delaware and Maryland of the administration’s intent to withdraw approval of US Wind’s proposed project off Delmarva’s shores. The administration said they would submit their official request to remand and vacate the approval by Sept. 12.
Just after 3 p.m. on Sept. 12, the administration officially filed the request in the U.S. District Court for the District of Maryland as the most recent development in an ongoing lawsuit against the federal government and US Wind brought by Ocean City officials, residents, businesses, and other plaintiffs.
The lawsuit seeks to stop US Wind’s development of the offshore wind farm by challenging the federal Department of the Interior’s approval of the project. The federal government is also listed as a co-defendant in a lawsuit in U.S. District Court in Delaware. The Department of the Interior, however, has since signaled the Trump Administration’s intent to pull its support for US Wind, making the lawsuits moot, according to the Trump Administration.
“The Bureau of Ocean Energy Management (“BOEM”) requests that the Court remand, with vacatur, its approval of the Construction and Operations Plan (“COP”) for the Maryland Offshore Wind Project,” Friday’s filing by the U.S. Department of Justice, acquired by WBOC, reads. “BOEM’s desire to reconsider its prior approval is reason alone to grant a remand. And because BOEM has identified an error in the weighing of certain statutory factors that led to the prior approval, vacatur of that prior approval is also appropriate.”
The Trump Administration argues that they identified “substantial concerns” with the Biden Administration’s prior approval of US Wind’s project, one of them being the local fishing industry here on Delmarva.
“BOEM has initially determined that impacts to commercial fisheries ‘may not be sufficiently mitigated and, therefore, the project, as approved, is not preventing interference with other reasonable uses of the OCS’ as required,” the filing reads.
Since his inauguration, Trump has mobilized numerous federal departments to slow or stop offshore wind projects altogether off the eastern seaboard, including US Wind’s. On Thursday, Sept. 4, offshore wind company Orsted filed a lawsuit against the Trump Administration for halting construction of a wind farm near Rhone Island.
US Wind’s proposed project previously won final approval from the Biden Administration, Maryland, and Delaware. The project would put 114 wind turbines off the coast of Worcester County, Md. and bring landing cables from the turbines ashore at 3Rs Beach in Sussex County, Del.
On Sept. 3, US Wind filed a cross claim against the Trump Administration asking the District Court in Maryland to deny today’s expected federal move to vacate the previous administration’s approval.
“Federal Defendants’ decision to vacate represents a drastic departure from their prior full-throated support and defense of the Project, and Federal Defendants have failed to acknowledge or offer a reasoned explanation for their about-face,” US Wind’s bid to stop Trump’s reversal reads.
WBOC reached out to US Wind in light of Friday's development.
“US Wind remains committed to building our 1,700 MW offshore wind project, one of the largest new electricity projects in the entire region," US Wind VP of External Affairs Nancy Sopko said. "After many years of analysis, several federal agencies issued final permits to the project. We intend to vigorously defend those permits in federal court, and we are confident that the court will uphold their validity and prevent any adverse action against them.”
Whether the District Court accepts the Trump Administration’s move to remand approval or sides with US Wind in rejecting the motion and allowing the lawsuit to continue remains to be seen. A hearing is currently scheduled for Thursday, Sept. 18.
Maryland U.S. Congressman Andy Harris weighed in on the development Friday, lauding the Trump Administration's motion to reverse the approval.
“I applaud the Trump Administration’s decision to vacate the Biden Administration’s reckless approval of the US Wind Offshore project," Harris said in a statement to WBOC. "This is a victory for the people of Ocean City and Maryland’s Eastern Shore, who were consistently ignored by federal bureaucrats pushing this offshore project without proper local input or approval. Offshore wind poses serious risks to our coastal economy, marine environment, national security, and the livelihoods of watermen. I thank President Trump for standing up for my constituents and will continue working with him and his administration to end this project once and for all.”
Maryland Governor Wes Moore, however, struck a vastly different tone than the Congressman.
“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," Moore said. "The President’s actions will directly lead to utility-rate hikes by taking off the most promising ways for Maryland to meet its looming energy generation challenges.”
Moore outlined the goals of the US Wind project, saying it would create 2GW of additional capacity and help increase supply and meet Maryland's electrical demand.
“To choose a path away from offshore wind is for the Trump administration to admit that it cares more about satisfying his promises to those who bankrolled his campaign than about what is in the best interest of Marylanders – or the country as a whole,” Moore said.
“And to do so under the guise of establishing America’s energy dominance – while leaving out renewable sources, which are often the most plentiful and affordable – shows us again that the president cares more about putting his own whims over the good of the country,” the Governor concluded.