Offshore wind projects across the U.S. are facing mounting legal challenges, as opponents seek to delay or cancel developments through lawsuits. These legal battles represent a significant obstacle for the fledgling industry, particularly along the East Coast, where opposition is both vocal and well-organized.
The surge in litigation adds pressure on an industry already grappling with rising costs, supply chain disruptions, and a series of high-profile turbine failures that critics cite as evidence of unreliable and unsafe technology. Industry representatives, however, reject these claims, asserting that offshore wind projects are both necessary and carefully vetted.
According to the American Clean Power Association, 13 federal lawsuits targeting offshore wind developments are currently pending, with additional cases in state courts. These lawsuits span from New Jersey to California, reflecting widespread opposition to various projects.
Legal Hurdles and Environmental Concerns
One of the most active opposition groups is Protect Our Coast NJ, which has launched several lawsuits against offshore wind projects in New Jersey. The group’s president, Robin Shaffer, believes their efforts contributed to Danish company Ørsted’s decision to cancel two proposed wind farms off the southern New Jersey coast in October, citing financial infeasibility.
Shaffer acknowledged that their legal actions have raised doubts among investors, creating uncertainty for major corporations involved in offshore wind projects. “An ancillary benefit of our legal strategy is to give pause or doubt in the minds of investors,” Shaffer said.
Opponents often cite concerns over the visual impact of wind turbines on the horizon and potential harm to marine ecosystems. They also point to recent turbine failures, such as the collapses near Martha’s Vineyard, Massachusetts, and Dogger Bank off the English coast, as evidence of the technology’s risks.
Industry Defense
Supporters of offshore wind argue that these projects are crucial for combating climate change, which poses the greatest threat to ocean life. Jason Ryan, a spokesperson for the American Clean Power Association, defended the industry, stating that offshore wind developments undergo rigorous environmental assessments and permitting processes. “These are among the most carefully planned and analyzed infrastructure projects in U.S. history,” Ryan said, expressing confidence that they will withstand legal challenges.
Paulina O’Connor, executive director of the New Jersey Offshore Wind Alliance, echoed these sentiments, criticizing the recent wave of lawsuits as “frivolous.” She emphasized the importance of offshore wind in mitigating climate change, especially in light of record-breaking summer temperatures.
Expanding Legal Battles Across the U.S.
Legal challenges are not limited to New Jersey. Save LBI, another New Jersey citizens group, recently filed a lawsuit claiming that the Atlantic Shores project would violate local noise ordinances during the installation of wind turbines. The group has indicated plans for additional lawsuits, while Atlantic Shores declined to comment.
Elsewhere, lawsuits have been filed against wind energy projects off the coasts of Virginia, Rhode Island, and California. In Virginia, the National Legal and Policy Center, a conservative watchdog group, sued Dominion Energy and the federal government in an attempt to block a wind farm off Virginia Beach. Dominion dismissed the lawsuit as meritless, citing its commitment to protecting marine environments.
In Rhode Island, the Preservation Society of Newport County filed a lawsuit opposing wind turbines near Martha’s Vineyard, arguing they would spoil ocean views from historic properties. The anti-wind group Green Oceans also sued the federal government over permits granted to Ørsted for its South Fork and Revolution Wind projects.
On the West Coast, opposition comes from the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians in Oregon, who sued the federal government over plans for an offshore wind auction, citing the cultural significance of the ocean. Similarly, California fishermen launched a lawsuit in March, contesting the state’s plans for floating wind farms.
An Uncertain Future
As lawsuits pile up, the offshore wind industry faces an increasingly challenging landscape. While proponents remain optimistic that these projects will play a pivotal role in the fight against climate change, legal opposition continues to complicate progress. The outcome of these lawsuits could shape the future of offshore wind in the U.S., determining whether it can overcome these hurdles and scale up to meet national renewable energy goals.