Why It Matters
The Trump administration is asking for a new review of US Wind’s offshore project permit near Ocean City, Maryland. The permit would remain active during the review if the court grants the government’s request.
What Happened
The Department of Justice filed a request seeking reconsideration of a construction permit issued by the Bureau of Ocean Energy Management, a Department of the Interior subagency. US Wind proposed the offshore wind project.
Federal officials argued that the permit received inadequate consideration under the Outer Continental Shelf Lands Act. They cited possible effects on the North Atlantic right whale, scenic and visual resources, some commercial fisheries and scientific research.
The administration requested a remand without vacatur, which would return the permit to the Interior Department for review without canceling it. Baltimore U.S. District Judge Stephanie Gallagher is considering the request. Gallagher previously declined US Wind’s request for an injunction against permit revocation and said the parties should “wait to see.”
The Town of Ocean City filed the underlying case opposing the permit nearly two years ago and applauded the federal filing. The government also argued that Ocean City’s claims involving the National Marine Fisheries Service should be dismissed, saying the agency adequately evaluated possible harm to the whale.
National Marine Fisheries Service, also known as NOAA Fisheries, determined that potential effects on the marine mammals would be minimal. The filing cited seasonal limits on pile driving and required noise-attenuation devices, and said the project was not likely to jeopardize the continued existence of endangered species listed under the Endangered Species Act.
US Wind said it remained confident a court would uphold its permits. Nancy Sopko, a company official, said, “After over a decade of analysis, several federal agencies properly issued final permits to the project, which is one of the largest new energy projects in the region.”
By the Numbers
nearly two years ago — timing of Ocean City’s original case
August — month officials first signaled they would seek reconsideration
over a decade — duration of analysis cited by US Wind
one of the largest new energy projects in the region — US Wind’s characterization of the project
Zoom Out
The dispute involves federal offshore-energy permitting, environmental review and protections for marine species. The court’s consideration will determine whether the existing permit proceeds to Interior Department review without being vacated.
What’s Next
Judge Gallagher will consider the administration’s request for remand without vacatur, while the permit remains in place pending a decision.