DELMARVA - The Trump Administration has announced its intent to withdraw approval of US Wind’s planned wind farm off the shores of Worcester and Sussex Counties, WBOC first reported on Monday.
In a court filing obtained by WBOC and submitted by Attorney General Pam Bondi in United States District Court in Delaware on Friday, Aug. 22, the federal government argues that the court should stay a lawsuit against them and US Wind due to their intent to withdraw US Wind’s approval in Maryland.
On Monday, Aug. 25, Bondi's office also notified the District Court in Maryland of their plans to revoke US Wind's permit approval, according to court documents.
AG Bondi's office says the Department of Interior’s Bureau of Ocean Energy Management “intends to move to voluntarily remand and vacate its approval of the Construction and Operations Plan for the Maryland Offshore Wind Project - the same agency action challenged in this case,” Friday’s filing reads.
The Delaware lawsuit, filed in February by a Sussex County resident, challenged the Department of the Interior’s approval of a permit to US Wind under the Clean Water Act and Rivers Harbor Act. US Wind’s proposed offshore wind project would bring power cable landings to 3Rs Beach in Sussex from the wind turbines about 12 miles off the coast of Worcester County, Md.
In her filing, Bondi references Ocean City’s lawsuit against the project and the federal government’s approval, issued during the Biden Administration. The Trump Administration has repeatedly signaled its disapproval of offshore wind projects, with the Department of Commerce launching a national security investigation into turbine imports just last week.
With the federal intent to vacate the approval in the Maryland case, Bondi argues that the Delaware suit against them and US Wind could become moot.
“Accordingly, this case should be stayed until the District of Maryland rules on the forthcoming motion to remand and vacate Interior’s approval of the COP,” the filing reads. “After that ruling, Defendants suggest that the parties be ordered to submit a status report within fourteen days to advise the Court that the case is moot, seek a further stay, or propose a scheduling order for this case.”
Should the US District Court for Delaware judge not put a pause on the case, Bondi argues that the government would be pointlessly forced to waste resources on a court case they plan to reconsider.
The federal government says US Wind does not intend to begin offshore construction until 2028 and is currently facing a permit appeal by the EPA, which Bondi's office says could delay the project even further if it is allowed to continue.
According to the Attorney General's office, the Department of the Interior plans to file to remand and vacate its approval of US Wind's Construction and Operations Plan no later than Sept. 12 in the Maryland lawsuit. In a filing submitted on Monday, the AG's office asked the District Court for the District of Maryland to adopt a new hearing schedule based on their intent to rescind the Department of the Interior's approval, according to court documents.
The US District Court in Delaware has yet to make an order on the government’s motion to stay the case, and the District Court for the Maryland District has yet to weigh on the hearing schedule request.
“Our construction operations plan approval is the subject of ongoing litigation, but we remain confident that the federal permits we secured after a multi-year and rigorous public review process are legally sound,” a US Wind spokesperson said in a statement to WBOC on Monday.
US Congressman Andy Harris, Maryland's sole Republican congressional delegate and Delmarva representative, lauded the Trump Administration's latest legal move.
“For years, I’ve stood with my local constituents, watermen, and elected officials in sounding the alarm about the serious environmental, economic, and national security risks posed by these massive, expensive and wasteful offshore wind projects that will drive up energy costs and make our electric grid even more unreliable," Harris said in a statement to WBOC. "US Wind’s approval in Maryland was rushed, lacked transparency, and completely ignored the voices of the people who actually live and work on the Eastern Shore. I commend Attorney General Bondi and the Trump Administration for stepping in, listening to our concerns, and taking the necessary steps to reevaluate this deeply flawed offshore wind project.”
Ocean City Town Manager Terry McGean joined Harris in praising the development.
"This is an extremely positive development in our fight against the irresponsible and costly US Wind project," McGean said to WBOC on Monday. "We have stated all along that the approval of this project was fast and tracked without adequate public input and that approvals ignored significant risks to our economy, fishing industry, marine mammals, and the horseshoe crab. We are glad that our concerns are finally being taken seriously."
Ocean City's Mayor Rick Meehan, a long-time opponent to US Wind's proposed project, also responded to the court filing.
"For the past eight years, Ocean City has voiced strong opposition to the proposed US Wind project," Meehan said. "Unfortunately, we believe this project was fast-tracked and that our serious concerns have been largely ignored throughout the review process."
"President Trump’s decision to move toward revoking US Wind’s federal permit is a very positive development for Ocean City," the Mayor continued. "This action acknowledges the validity of our objections and represents a major step in protecting our community, our coastal environment, our commercial and recreational fishing industries and the future of Ocean City."
WBOC has reached out to multiple lawmakers and officials for a statement on the court filing. This article will be updated as we receive their responses.