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Biden’s 30 GW Offshore Wind Goal Faces New Legal Setback In Maryland

Fishing boat with an anti-wind slogan, as seen in West Ocean City.

Posted on October 30, 2024

Maryland’s offshore wind goals have hit another significant roadblock as Ocean City and several plaintiffs filed a lawsuit against federal authorities over the Maryland Offshore Wind Project. This development comes on the heels of Orsted’s cancellation of the 966 MW Skipjack project earlier this year due to inflation, high financing costs, and supply chain disruptions, dealing a double blow to the state’s renewable energy aspirations.

Despite receiving necessary permits and a favorable Environmental Impact Statement (EIS) from the Bureau of Ocean Energy Management (BOEM), which included measures to avoid, minimize, and mitigate potential environmental impacts, the US Wind project now faces significant legal challenges. The lawsuit, filed by Ocean City, Worcester County, and various community groups, highlights a crucial oversight in project development: the failure to build what researchers call a “chain of trust” with local communities.

Lesson 1: Build Trust with Local Communities

Research on successful offshore wind projects shows that public acceptance requires building trust sequentially – first in project leaders themselves, then in the engagement process, and finally in project outcomes. Studies of the Block Island Wind Farm, America’s first offshore wind project, reveal that informal engagement methods outside traditional public hearings were crucial for building this trust. These included early outreach before formal processes began, hiring trusted community liaisons, and providing genuine opportunities for public input to influence decisions.

The scenario eerily echoes the fate of Cape Wind, which was cancelled in 2017 after its developer, Jim Gordon, spent over $100 million and secured all required permits, ultimately failing due to court challenges from opponents. Wind projects failing to build early trust through meaningful local engagement often face insurmountable opposition later, regardless of their technical merits.

Lesson 2: Distance From Shore Is Extremely Important

Distance from shore emerges as overwhelmingly the most important factor in public acceptance of offshore wind projects. A survey of coastal residents shows a strong preference for projects located over 10 nautical miles offshore. The Maryland Offshore Wind Project’s lease area is approximately 8.7 nautical miles offshore Maryland and 9 nautical miles from Sussex County, Delaware at its closest points – just under this crucial threshold identified by research.

Moreover, it is hard for local populations to imagine how exactly the proposed turbines will fit the landscape, perpetuating fear and misinformation. Traditional approaches of presenting projects through static images and technical descriptions are inadequate for building public acceptance. More immersive technologies, such as virtual reality and 360-degree video presentations, can significantly improve public perceptions and correct misconceptions about wind turbines’ visual and acoustic impacts. This is particularly relevant for coastal communities like Ocean City, where residents may have limited prior exposure to offshore wind developments.

Lesson 3: Concerns Over Economic and Environmental Impacts Loom Large

Environmental concerns about impacts on right whales and horseshoe crabs (whose blue blood is essential for testing medical vaccines, cancer research, and ensuring blood transfusion safety) reflect a pattern seen globally – research consistently shows that ecological impacts top the list of public concerns about wind projects, regardless of economic development levels. Early and transparent engagement about environmental impacts and mitigation strategies can help address these concerns productively.

Tourism and real estate impacts warrant closer examination through an evidence-based lens. While Ocean City’s economy, still recovering from COVID-19, relies heavily on its short tourism season, research from Block Island suggests potential benefits rather than drawbacks. Recreational fishermen utilized wind platforms as artificial reefs, and short-term rental cash flows significantly increasing, demonstrating that offshore wind can potentially enhance rather than harm tourism when properly integrated into the local economy.

Failing to internalize the lessons outlined above jeopardizes both federal and state renewable energy goals. The Biden administration’s target of 30 GW of installed capacity by 2030 and Maryland’s goal of 8.5 GW by 2031 appear increasingly unrealistic without better approaches to community engagement. The situation highlights the disconnect between broad public support for renewable energy and opposition to specific projects.

Successful offshore wind development requires moving beyond traditional public hearings to more innovative engagement approaches. This includes using modern visualization technologies, focusing on transparent communication about impacts and benefits, and providing meaningful opportunities for community input early in the process. Simply relying on courts to resolve conflicts while projects face delays proves an ineffective strategy. Instead, we need to build the “chains of trust” through early, sustained, and genuine community engagement.

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