Ocean City, fishing clubs and Thrasher’s French Fries sue federal government over offshore wind project

Ocean City, Maryland, neighboring towns, counties, sportfishing groups, hotels, amusement parks and boardwalk staple Thrasher’s French Fries have filed a lawsuit against the federal government for approving a massive wind farm approximately 10 miles off the tourist town’s coast.

windfarm rendering
Rendering of Ocean City morning view, contained in U.S. Wind project plan.(Courtesy BOEM)

Last month, on Sept. 5, the Bureau of Ocean Energy Management, a division of the U.S. Interior Department, announced the approval of the Maryland Offshore Wind Project. It’s the nation’s 10th commercial-scale offshore wind energy project, according to the Biden Administration.

The suit was filed Friday in U.S. District Court for the District of Maryland. Ocean City has opposed the project for several years. At the end of July, the Bureau of Ocean Energy Management released its final environmental impact statement for the project, which the government said could support an estimated 2,679 jobs annually over seven years.

The list of plaintiffs includes the mayor and city council of Ocean City, the mayor and town council of neighboring Fenwick Island, Delaware, and commissioners of Worcester County, Maryland, where Ocean City is located.

Other plaintiffs include developers, hotels, commercial fishermen and seafood markets, the parent company for Ocean City’s Jolly Roger at the Pier amusement park, the Save Right Whales Coalition and the parent company for Thrasher’s French Fries.

“Ocean City’s local economy and culture are centered around the waters of the Atlantic Ocean and are heavily dependent on tourism, recreation, and the health and preservation of the ocean and its coast,” according to the suit.

Several of the plaintiffs described how the placement of 114 wind turbines would not only disturb beachfront views, but also cause “direct, substantial, and cognizable injuries.”

The Waterman’s Association of Worcester County said the turbines “will become a safety hazard for their members to navigate through,” which will “reduce the amount of time they have to fish and will decrease their income.”

The “White Marlin Open” fishing tournament is the largest billfish tournament in the world, according to the suit.

“By placing the Project structures right where the game fish are located, the Project threatens to destroy both the fish population and the sport of large game fishing in Ocean City, Maryland,” according to the plaintiffs.

Ocean City’s Chamber of Commerce said the project “will drive tourists away from Ocean City by degrading the ocean and marine environment, endangering marine mammals, birds, and fish, excluding fishermen from the Project area, and destroying the open ocean view.”

According to the Chamber, surveys have shown “a significant number of tourists will likely not return if turbines are visible from the beach.”

The suit claims the government has failed to analyze impacts on the environment, endangered species, as well as the impact on local businesses, industries and the economy.

The plaintiffs ask the court to set aside the Sept. 4, 2024, decision approving the construction and operations plan for the Maryland Offshore Wind Project.

An initial hearing before Judge Stephanie Gallagher is yet to be scheduled, according to online court records.

WTOP is seeking comment from U.S. Wind.

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Neal Augenstein

Neal Augenstein has been a general assignment reporter with WTOP since 1997. He says he looks forward to coming to work every day, even though that means waking up at 3:30 a.m.

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