From SaveLBI.org
Fight to cancel beleaguered offshore project is another victory but the fight continues
WASHINGTON, DC, September 29, 2025 — In a major development for offshore wind oversight and marine environmental protection, the federal government has filed a motion in U.S. District Court for the District of Columbia to remand the Atlantic Shores Offshore Wind Construction and Operations Plan (COP) and Record of Decision (ROD) approvals for the controversial Atlantic Shores South offshore wind project, planned only 8.7 miles east of New Jersey’s coast. The filing comes in direct response to a federal lawsuit brought by Save Long Beach Island, Inc. (Save LBI) and a coalition of individuals, businesses, and nonprofit plaintiffs.
The lawsuit — filed on July 11, 2025, in the U.S. District Court for the District of Columbia — challenges the legality of federal approvals granted by the Bureau of Ocean Energy Management (BOEM) and National Marine Fisheries Service (NMFS) under laws including the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), Outer-Continental Shelf Lands Act (OCSLA), Coastal Zone Management Act (CZMA), and the Administrative Procedures Act (APA).
“This filing means federal agencies are going back to the drawing board,” said Bob Stern, Ph.D scientist and president of Save LBI. “It’s a rare and important moment. It confirms the seriousness of the technical and scientific concerns we’ve raised, for many years now — especially regarding the impacts to endangered North Atlantic right whales and cumulative construction and operation harms to the North Atlantic right whale migration corridor.”
“This is a significant admission by the federal agencies that the Atlantic Shores approvals cannot withstand legal scrutiny in their current form,” said Thomas Stavola Jr. Esq., attorney for Save LBI. “The agencies have now recognized that their environmental review process was flawed and must be revisited. This constitutes a vindication of Plaintiffs’ rights and an acknowledgement of the validity of Plaintiffs’ lawsuit claims.”
The government’s motion requests that the Court remand the COP for Atlantic Shores South so the agencies can reassess the project under governing environmental statutes. That remand effectively dismisses the prior permit approvals granted under those statutes and will likely result in substantial revisions, additional environmental analysis, or a full cancellation of Atlantic Shores’ approval.
The Save LBI and allies’ lawsuit was the first to mount a comprehensive, multi-statute challenge to the Atlantic Shores project, citing data deficiencies, injurious impacts to marine mammals, tourism, economy, and electric rates and failures to assess cumulative impacts across the broader offshore wind buildout.
Today’s motion to remand marks a major inflection point in offshore wind permitting.
The Court will now review the government’s motion and determine whether to grant the remand. While Atlantic Shores currently has most of its federal approvals for the Atlantic Shores South project, earlier this year, Save LBI was responsible for compelling the remand of Atlantic Shores’ Clean Air Act permit to the Environmental Protection Agency (EPA). That permit remains with the EPA.
Save LBI will continue advocating for a full rescission of unlawful approvals, protection of the right whale’s migration, and an overhaul of BOEM and NMFS’s offshore wind permitting practices.
About Save LBI
Save LBI is a not-for-profit, non-partisan organization that has been active in ongoing litigation and other efforts to protect the coastal and marine environment from the senseless industrialization of our oceans. The organization is led by Beach Haven, N.J. resident Bob Stern, a Ph.D. scientist with experience in environmental planning and environmental law. He is a former manager of the U.S. Department of Energy office responsible for overseeing environmental reviews related to energy projects and the Bureau of Air Quality Planning within the New Jersey Department of Environmental Protection (NJDEP). For more information on Save LBI and its efforts, please visit SaveLBI.org.
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Approve it with a few caveats…
Must get a new Environmental Impact Report
Must determine potential marine mammal impacts
Must operate without government subsidies to affecting the actual price per MWh produced.
Must be able to provide electricity 24/7/365 (it can have a day off every leap year)
At least guarantee a minimum daily supply of MWh relative to nameplate capacity then be required to meet that daily Minimun regardless of how they produce it. Perhaps the offshore Turbine Farm could place a Coal powered generation plant on he coast where their transmission cables meet the facility converting DC to AC and connect it to the AC side to guarantee a minimum output. They would quickly discover there’s more money in Coal Generation than Wind Generation. Coal is far cheaper to use.
The kind of words that indicate a thing has gone too far: “the federal government has filed a motion in U.S. District Court for the District of Columbia to remand the Atlantic Shores Offshore Wind Construction and Operations Plan (COP) and Record of Decision (ROD) approvals for…”
The kind of organization created to make sure a thing goes too far:
“Bureau of Ocean Energy Management”
Created in 2010, not by Congress but by Secretary of the Interior Ken Salazar.
Dates back to Obama.
“Save the whales!”
Unless, of course, you want to install hundreds of industrial wind turbines in their preferred migratory paths and feeding areas; right?
Yes, very ironic that the same eco-zealots that once had “Save the Whales” as their battle cry now have essentially switched to “Kill the Whales (if it means more worse-than-useless windmills get built).”