Ocean City Lawsuit Against US Wind Project Moves Forward

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July 3, 2025

Ocean City, MD - Ocean City's legal challenge against the US Wind project has gained momentum after Judge Gallagher of the United States District Court for the District of Maryland denied US Wind's motion to dismiss the case.


The Town of Ocean City, along with 34 co-plaintiffs, claims that the Bureau of Ocean Energy Management (BOEM) improperly approved the project in its Record of Decision.  


The lawsuit raises concerns about compliance with several federal statutes. Ocean City and its co-plaintiffs have presented claims under the Endangered Species Act, the National Environmental Policy Act (NEPA), the Outer Continental Shelf Lands Act, the Marine Mammal Protection Act, and the National Historic Preservation Act. These claims were upheld, confirming the plaintiffs' legal standing and allowing the case to move forward.  


Mayor and Council members in Ocean City have expressed their support for the court's decision, stating that their concerns about the project go beyond procedural issues. They are particularly focused on potential negative impacts on tourism, fishing industries, and local ecosystems.  


A Town representative stated, "This project threatens to devastate our tourism industry, undermine commercial and recreational fishing sectors, and poses risks to national defense. It could lead to the deaths of hundreds of marine mammals, including the endangered North Atlantic Right Whale."


The plaintiffs argue that the US Wind project, which is supported by subsidies from the State of Maryland, could cause irreversible harm while providing electric power they consider unreliable and expensive.  


The Town of Ocean City has reaffirmed its commitment to protecting the interests of its community and ecosystem, stating, "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."


The case will now proceed with deliberations that will evaluate the legality of BOEM's approval of the Maryland Offshore Wind project. Updates on the proceedings are expected as Ocean City and its co-plaintiffs continue to challenge the decision in court.