ELR Citation: 55 ELR 20087
No(s). SAG-24-3111 (D. Md. Jul 2, 2025) (Gallagher, J.)

A district court granted in part and denied in part motions to dismiss a challenge to federal agencies' approval of a construction and operations plan for a wind project off the coast of Maryland and Delaware. A Maryland city, nearby communities, industry groups, businesses, advocacy groups, and others sued the Bureau of Ocean Energy Management, NMFS, and DOI, arguing their final agency actions contravened the APA by violating the Outer Continental Shelf Lands Act (OCSLA), NEPA, the ESA, the Marine Mammal Protection Act (MMPA), the Migratory Bird Treaty Act (MBTA), the Coastal Zone Management Act (CZMA), and the National Historic Preservation Act (NHPA). The agencies moved for partial dismissal; the developer intervened and moved to dismiss. The court found the plaintiffs adequately pleaded OCSLA, NEPA, MMPA, and NHPA claims, but failed to state viable claims under the MBTA and CZMA. It granted the agencies' and developer's motions to dismiss plaintiffs' MBTA and CZMA claims, but denied the developer's motion to dismiss the remaining claims.