In late 2024, the Bureau of Ocean Energy Management approved the construction and operations plan for US Wind’s proposed offshore wind farm due east of Ocean City, Md. A recent court ruling in a lawsuit challenging the approval, granting an extension to the federal government to respond in the case, indicates the approval is being reconsidered.

South Bethany property owner Edward E. Bintz filed a lawsuit Feb. 7 against the U.S. Department of the Interior challenging the approval of the construction and operations plan as it relates to the Coastal Zone Management Act. BOEM is an agency that falls under the Department of Interior umbrella.

The federal government was supposed to respond to the lawsuit by Aug. 1, but asked for an extension instead. In a July 28 ruling by the U.S. District Court’s District of Delaware, the extension was granted because the Department of Interior intends to reconsider its approval of the construction and operations plan as part of a second lawsuit filed by Ocean City, Md., in the District of Maryland.

“The plaintiffs in both cases seek essentially the same relief, requesting vacatur of agency approvals and permits,” said the ruling.

The outcome of the department’s reconsideration has the potential to affect the plaintiff’s case, and an extension in the response date would not significantly impact the proceedings in the case, said the ruling.

In a prepared statement following the ruling, Bintz said the government’s decision to reconsider its construction and operations plan approval and request a voluntary remand is welcome news.

“I’m confident in my lawsuit, and I know Ocean City is confident in its lawsuit. But if the Department of Interior undertakes an objective review of the Biden administration’s approval of the COP, I’m confident that Interior’s COP approval will be revoked,” said Bintz. “Ocean City, Caesar Rodney Institute and others addressed in detail during the public comment process the flawed process by which the project was approved, and its many environmental and other problems. Unfortunately, they were ignored in the Biden administration’s rush to approve the project.”

When reached for comment, Nancy Sopko, US Wind external affairs vice president, said, “US Wind does not comment on ongoing litigation, but we remain confident that the federal permits we secured after a multi-year and rigorous public review process are legally sound.”

The US Wind project comprises up to 121 wind turbine generators, up to four offshore substations, up to four offshore export cables and one meteorological tower. The offshore export cables are proposed to land at 3R’s Beach, north of Bethany Beach, and interconnect with a proposed substation on land next to the Indian River power plant outside Dagsboro.

Wind Energy Area designations rescinded

A couple of days after the lawsuit announcement, July 30, BOEM issued a statement that said it is rescinding all designated Wind Energy Areas on the Outer Continental Shelf.

“By rescinding WEAs, BOEM is ending the federal practice of designating large areas of the OCS for speculative wind development, and is de-designating over 3.5 million acres of unleased federal waters previously targeted for offshore wind development across the Gulf of America, Gulf of Maine, the New York Bight, California, Oregon and the Central Atlantic,” read the statement.

The Wind Energy Areas were originally established to identify offshore locations deemed most suitable for wind energy development.

In November 2022, the BOEM announced the creation of eight draft Wind Energy Areas off North Carolina, Virginia, Maryland and Delaware, covering about 1.7 million acres.

In July 2023, the federal agency announced the final location for three new Wind Energy Areas off the coasts of Delaware, Maryland and Virginia.

The three areas totaled about 356,550 acres – the first is 101,767 acres about 26 nautical miles from Delaware Bay; the second is 78,285 acres about 23.5 nautical miles from Ocean City, Md.; the third is 176,506 acres about 35 nautical miles from the mouth of the Chesapeake Bay off Virginia.