OCEAN CITY, Md. - WBOC has acquired a court filing in which the Town of Ocean City and numerous other local plaintiffs have asked a federal judge to prohibit any construction of US Wind’s proposed offshore project while a lawsuit against the project’s approval plays out in court.
The filing, submitted Wednesday, Nov. 5, is the latest move in the Town of Ocean City’s suit to reverse the Biden Administration’s approval of the project that would put over 100 wind turbines off the coast of Worcester County. Ocean City is joined by multiple local businesses, organizations, and residents in their legal battle against the project.
Wednesday’s filing comes as a cross-motion in response to US Wind’s own preliminary injunction request submitted last month aimed at preventing the Trump Administration from revoking the project’s approval before the court had a chance to rule on the lawsuit.
In late October, both Attorneys General for Maryland and Delaware voiced their support for the project and urged federal judge Stephanie Gallagher to grant US Wind’s injunction request.
According to court documents, Ocean City’s own proposed injunction requests that US Wind be blocked from starting any irreversible construction either offshore or onshore while the lawsuit continues. That construction includes pile-driving, cable installation, seabed alteration, or turbine foundation work, the motion reads.
Should any construction begin, Ocean City argues that it would be unlikely for any court to require US Wind to dismantle any completed structures regardless of the lawsuit’s outcome.
Local plaintiffs list numerous reasons as to why an injunction is necessary, saying construction would be detrimental to navigational safety, local commercial and recreational fishing industries, the safety of endangered North Atlantic right whales, and the health of the marine seabed.
In their filing, plaintiffs include testimony from local watermen and businesses who rely on Ocean City’s fishing industry and tourism.
In arguing against onshore construction specifically, plaintiffs include statements from White Marlin Open president and director James Motsko.
“Motsko has explained the construction of the Project’s onshore harbor facilities will reduce the number of boats able to dock in the harbor and make maneuvering through the harbor dangerous, thus ‘impact[ing] the number of boats able to participate in the tournament, decreasing tournament revenues, and threatening its future continued success as a high point in the Ocean City calendar,’” the court filing reads.
WBOC has also obtained a transcript of a conference call on Sept. 18 between the lawsuit’s parties, including Judge Gallagher. During that call, an attorney for US Wind told the judge that construction for the project had already begun.
“I mean…the construction pursuant to the [Construction and Operations Plan] began last year,” the attorney said, according to the court transcript. “Construction is under way. We will continue with ongoing on-the-land construction next year, and…there is a detailed schedule, sequence of events that leads to undersea construction after that.”
What that construction entailed, where it was occurring, or whether it would be included in the proposed injunction was not clear. WBOC previously reached out to a US Wind spokesperson in October to clarify where this construction was taking place but did not receive an answer. We reached out again on Thursday but have not yet received a response as of 2:30 p.m.
Judge Gallagher has yet to weigh in on either US Wind’s or Ocean City’s preliminary injunction requests.
WBOC will continue to provide the latest updates on the ongoing litigation over US Wind’s proposed project off the shores of Delmarva.