A rendering depicts the size of the offshore wind turbines for the proposed Ocean Wind 1 project. (Rendering courtesy of Cape May County)
By NANETTE LoBIONDO GALLOWAY
All three Downbeach Boards of Commissioners are considering whether they will join a NJ Superior Court lawsuit that aims to strike down a plan signed by Gov. Phil Murphy on July 6 that allows windfarm developer Orsted to retain nearly $1 billion in subsidies for building offshore energy projects.
According to Ventnor Mayor Lance Landgraf, a meeting was held in Ventnor last week with Brigantine Mayor Vince Sera and representatives of other Downbeach communities. A major concern of all three municipalities is the cost of joining the lawsuit.
According to the lawsuit filed by Protect Our Coast NJ, Defend Brigantine Beach and several Ocean City property owners, the federal subsidies granted by the NJ Legislature for the Ocean Wind 1 project are unconstitutional because they benefit a single private entity. The law overrides a 2019 order from the NJ Board of Public Utilities that required Orsted to refund tax credits to ratepayers to keep the cost of building 98 wind turbines affordable. Orsted has said costs have increased substantially since the project was approved due to supply chain issues and inflation.
The lawsuit will be heard in Trenton Superior Court in the fall.
Margate solicitor John Scott Abbott reported at the Aug. 17 commission meeting that he is impressed with Sera’s grasp of the issue and avenues that can be taken to challenge the permitting process for the project, which will build a windfarm 15 miles off the coast of Atlantic City.
The anti-wind turbine movement started following the deaths of whales along the NJ coast, but lately, anti-windfarm proponents have turned to their potential effect on tourism and the economy.
“Does Margate kick in money to fight the state,” Abbott asked commissioners. “This is something you are going to have to think about and consider.”
Abbott said an attorney laid out avenues for challenging the project, however, there is no information about the cost of joining the lawsuit. He also said those involved in bringing the lawsuit are interested in hiring a public relations firm to bring their fight to the public.
There was no further discussion from commissioners and no action was taken.
On Aug. 16, Longport Commissioner Dan Lawler said he is against building the wind turbines and wants to support the anti-windfarm movement, but the meeting did not provide enough information about the costs of the lawsuit.
“They want to know if we want to be part of it,” he said. “I want to get more information before we make a decision like that.”
Although Lawler and Commissioner Jim Leeds have expressed support for stopping the project, Mayor Nicholas Russo has gone on record in support of finding alternatives to fossil fuel energy.
Abbott said construction is moving “full steam ahead” at Orsted’s maintenance facility being built in the Bungalow Park section of Atlantic City, which is scheduled for completion in spring 2024. The facility will accommodate six vessels that will transport approximately 50 maintenance workers to and from the wind turbines.
The Ventnor Board of Commissioners held an executive session Aug. 10 to discuss the litigation but made no decisions on joining the lawsuit.
Landgraf said the issue will be a topic of public discussion at the Board of Commissioners meeting being held 5:30 p.m. Thursday, Aug. 24.
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