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May 16, 2024

Eight shore towns sue DEP over Atlantic Shores project

LONG BEACH ISLAND — Long Beach Township, Beach Haven, Ship Bottom, Surf City, Harvey Cedars, Barnegat Light, Brigantine and Ventnor City filed a lawsuit Dec. 1 asking for an independent review of whether the Atlantic Shores wind turbine project violates the state Department of Environmental Protection’s coastal regulations. 

According to a news release, the court filing states the installation would be one of the largest, densest and closest offshore wind farms in the world and identifies the alleged severe effects 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, according to the release, but mayors and local officials believe the DEP is too biased to make a fair and impartial decision because of intense pressure from Gov. Phil Murphy and his administration.

Murphy has issued several executive orders in support of Atlantic Shores and has demanded swift approval of the project, the release states. DEP commissioners are appointed by the governor and cannot make an independent analysis, according to the lawsuit.

Originally conceived as a project involving fewer and shorter wind turbines, Atlantic Shores now proposes to build 300 units that are about 1,000 feet tall within 9 miles of Long Beach Island and Brigantine beaches.

“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,” Long Beach Township Mayor Joseph Mancini said. “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 have stated that the project would negatively affect 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,” Mancini said.

The collapse of two other major wind turbine projects — Ørsted’s Ocean Wind I and II off Ocean City and south — just a few weeks ago has some residents mistakenly believing that all the turbines have been canceled, according to the release. 

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,” Sera said.

The lawsuit was filed by the law firm, Pashman Stein Walder Hayden P.C. Partner Frank Huttle III said 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.

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