OCEAN CITY, Md. - Offshore wind developer US Wind has filed a cross claim against the Trump Administration in an ongoing legal battle over US Wind’s proposed project off the shores of Delmarva, according to court documents obtained by WBOC.
Filed on Sept. 3, US Wind’s cross claim against the federal government alleges the federal Bureau of Ocean Energy Management and the National Marine Fisheries Service are illegally seeking to vacate the Biden Administration’s previously approved permits that greenlit the US Wind offshore project.
As WBOC first reported, the Trump administration notified the US District Court in Delaware of its intention to withdraw federal approval of the permits on Aug. 22. Both the federal government and US Wind are listed as defendants in an ongoing lawsuit brought against them by Ocean City leaders, residents, businesses, and numerous other parties in an attempt to stop the offshore project. Because of their intent to reverse approval, the Trump Administration argues the lawsuit is about to be rendered moot.
Though approved by the Biden Administration, the Trump Administration has repeatedly signaled its disapproval of offshore wind development, with multiple federal agencies taking action against various projects across spanning the eastern seaboard.
US Wind's latest filing comes ahead of Trump's official revocation of federal approval, seeking to block the administration's next move.
“The Federal Defendant’s efforts to vacate and undermine the Federal Approvals are inextricably tied to a wider plan to hinder or kill outright offshore wind projects )and renewable energy projects more generally) for political purposes, as evidenced by numerous official acts and public statements by Federal Defendants, various members of the current Presidential Administration, and others within the federal government…,” US Wind’s cross claim reads.
In their cross claim against their fellow defendants, US Wind asks the District Court in Maryland to declare their federal approvals were acquired lawfully and to permanently prevent the Trump Administration from revoking or undermining those Biden-era approvals.
US Wind goes on to argue the Trump Administration provided no legal reasoning in their decision to reverse 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,” the filing reads.
The offshore energy development company says the move to vacate approval is based purely on political pressure and is “arbitrary and capricious."
The cross claim lists 10 total counts against the Trump Administration in their argument to the court.
It has yet to be seen how the District Court will respond to this latest filing by US Wind, with a federal filing still expected in the coming days. The Trump Administration said they would submit an official remand of US Wind’s approval by Sept. 12.
This article will be updated.