Ocean Wind Litigation

On December 1, Long Beach Township, Beach Haven, Ship Bottom, Surf City, Harvey Cedars, Barnegat Light, Brigantine and Ventnor City filed a lawsuit asking for an independent review of whether the massive Atlantic Shore wind turbine project violates the N.J. Department of Environmental Protection’s Coastal Regulations. 

The Court filing states this installation would be one of the largest, densest, and closest offshore wind farms in the world  and identifies the severe impacts to local economies, including fishing and tourism, property values, the environment, and marine life.

The DEP Coastal Regulations prohibit development that threatens the “scenic view, and environment of the New Jersey Shore” and the state agency is expected to issue a ruling on Atlantic Shores next month. But mayors and local officials believe the DEP is too biased to make a fair and impartial decision because of intense pressure from Governor Phil Murphy and his administration.

Murphy has issued several Executive Orders in support of Atlantic Shores and has demanded swift approval of the project. DEP Commissioners are appointed by the Governor and cannot make an independent analysis according to the lawsuit.

Originally conceived as a project involving a smaller and shorter number of wind turbines, Atlantic Shores now wants to build 300 units that are approximately 1,000 feet tall – nearly as high as the Empire State building and as wide as a city block of skyscrapers – within nine miles of Long Beach Island and Brigantine beaches – using new technology that is unproven and untested.

“This massive industrialization of the ocean will not only destroy the scenic view from our communities, but it will also destroy our local economies and much of our marine way of life,” says Long Beach Township Mayor Joseph Mancini. “We can’t count on the DEP to stand up to this immense pressure from the Governor’s Office and make an independent decision.”

Both the federal Bureau of Ocean Energy and Management and Atlantic Shores itself have already stated that the project would negatively impact scenic views from Long Beach Island and area beaches. “Atlantic Shores is counting on the DEP to ignore its own Coastal Regulations. We want the court to order an independent and impartial analysis,” Mayor Mancini adds.

The collapse of two other major wind turbine projects (Ocean Wind I and II) just a few weeks ago has some residents mistakenly believing that all the turbines have been canceled. Actually, the opposite is true, according to Brigantine Mayor Vincent Sera. “The Governor and his administration are doubling down and pushing for a quick approval of these gigantic Atlantic Shore turbines that clearly violate DEP regulations and threaten our communities.”

The lawsuit was filed by the law firm, Pashman Stein Walder Hayden

P.C. Partner Frank Huttle III says the municipalities do not oppose development of offshore wind energy. “We are seeking a fair and impartial decision by the Court to ensure the public rights and interests are protected from an ill-conceived project that would have generational impacts,” Huttle said.

A copy of the complaint can be found here