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Wind Farm Developer Sues Ocean City

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2012352206

By Vince Conti

OCEAN CITY – At a May 3 offshore wind conference at Rowan University, Ørsted’s Madeline Urbish said work on the land side of the planned Ocean Wind I wind farm could begin this year. However, Ocean City has not issued the necessary permits for transmission line construction.
The Danish-owned wind farm developer went to Superior Court May 4. Ørsted is asking the court to order Ocean City to issue the needed permits by June 16. 
Meanwhile, Ocean City is continuing with its lawsuit seeking to overturn the decision by the New Jersey Board of Public Utilities (NJBPU), which approved the transmission line route that runs straight through the streets of Ocean City in November 2022.
The litigation filed by Ørsted alleged that Ocean City has engaged in a “de facto denial” of the permits, which are needed for test borings and before the company can file for other permits from the state Department of Environmental Protection (DEP). 
In its filing, the company states that the city’s failure to issue the permits has already caused a delay in the project, which otherwise could begin as early as the third quarter of 2023.  
The ambitious schedule for the Ocean Wind I farm has the 1,100 megawatts project coming online in 2024 and being fully operational in 2025. 
What is at stake in the current litigation is the route for transmission cables that come ashore at the city’s 34th Street beach, travel under the city’s streets and eventually cross the back bay to Upper Township on route to a new substation to be constructed at Beesley’s Point. 
Ørsted claims that the city’s refusal to issue the permits is having a “cascading and adverse effect” on the project.
Ocean City has appealed the NJBPU decision approving the route for the transmission cables. The city argues that Ørsted should wait for the decision of the Appellate Division before seeking street-opening permits for the very route that is under appeal.
As the battle progresses over the transmission cables, opponents of the offshore wind initiative have focused public attention on the rise in sea mammal fatalities that they claim may be caused by preconstruction work for the wind farms.
In March, U.S. Rep. Jeff Van Drew (R-2nd) brought a congressional hearing to Wildwood concerning the “industrialization” of the shore.
This month, there were dueling events seeking to build public support for or against the wind farm initiative.
Four Republican state senators held an independent hearing on the sea mammal fatalities and called for a halt in offshore wind activities.
The Steve Sweeney Center at Rowan University hosted an offshore wind conference arguing for the urgent need to combat climate change and the transformative impact the offshore wind initiative will have on the state’s economy.
Meanwhile, Ørsted attempts to push ahead with its schedule. 
Contact the author, Vince Conti, at vconti@cmcherald.com. 

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