U.S. Wind attempt to dismiss lawsuit denied

OCEAN CITY, Md. — U.S. District Judge Stephanie Gallagher did not fully dismiss Ocean City’s and Fenwick Island’s lawsuit to stop US Wind’s offshore wind turbine project.

US Wind sought a complete dismissal. Gallagher dismissed three of the eight claims filed in the lawsuit. The court is still considering impacts to migratory whales and whether or not the federal agencies involved in approving the wind project have fully met their own criteria. Gallagher dismissed claims that federal agencies who approved the project violated the Migratory Bird Treaty Act and Coastal Zone Management Act.

Gallagher also refused to dismiss Claim #2, in which the plaintiffs claim that the approving agencies failed to properly consider the “cumulative significant impacts of all of the East Coast wind programs together.”

Ocean City and Fenwick Island are joined by dozens of plaintiffs seeking to halt the wind project by targeting not only US Wind Inc., but also the U.S. Department of the Interior and Bureau of Ocean Energy Management, claiming environmental laws were not followed when approving the project.

This week’s opinion allows for continued legal discovery on the remaining claims outlined in the lawsuit.

Maryland State Senator Mary Beth Carozza in June expressed extreme concerns about the project, citing its potential impact on tourism, the environment and commercial fishing.

Worcester County Commissioner Joe Mitrecic agrees, stating it could destroy the Ocean City coastline.“’The suit will continue. I don’t know if that’s a good omen or not, but the county is still doing what it can to stop U.S. Wind from putting windmills offshore. This is something that would be detrimental to our coastline, and there are people sitting up in Annapolis who have no idea.”

To which, Nancy Sopko, US Wind spokesperson, said: “US Wind will develop one of the largest energy projects in the region… Our project will help meet skyrocketing energy demand, support good, local jobs and contribute meaningfully to Delmarva’s economic development.”

Ocean City Mayor Rick Meehan responded to the denied motion with a statement.

“The town of Ocean City and our co-plaintiffs stand united with our residents and property owners in the fight to protect our community, our economy, our ecosystem, our fishing industry, and everything that makes this place we call home special—today and for future generations.”