Snapshot: In 2023, the County of Cape May, New Jersey, alongside environmental groups and local businesses, filed a lawsuit challenging federal approval of the Ocean Wind 1 Project by Ørsted North America, a large offshore wind farm. The Interior Department had approved the construction and operation plans for the project in July 2023, following a multi-year review by numerous federal agencies. The approvals allowed Ørsted to build up to 98 wind turbines, which were expected to generate 1,100 megawatts of clean energy, enough to power about 380,000 homes. The plaintiffs in the lawsuit alleged violations of multiple environmental laws and argued that the project would harm the region’s economy, tourism, and historic character. After the developer abandoned the project, the federal court dismissed the lawsuit as moot (meaning there was no longer an active legal dispute). The dismissal was without prejudice, meaning the case could be refiled if circumstances changed.

On 17 October 2023, the County of Cape May, New Jersey, County of Cape May Chamber of Commerce, Clean Ocean Action and other plaintiffs filed a federal lawsuit challenging the Bureau of Ocean Energy Management’s (BOEM) approval of the Ocean Wind 1 Project. The lawsuit alleged violations of multiple federal laws, including the National Environmental Policy Act (NEPA), Endangered Species Act, and Clean Water Act. Plaintiffs argued that BOEM failed to fully assess the project’s environmental impact, particularly its greenhouse gas emissions, supply chain effects, and cumulative climate impacts.

Beyond environmental concerns, the lawsuit emphasised the economic and cultural risks to Cape May, a region heavily dependent on tourism and commercial fishing. Plaintiffs warned that offshore wind development would threaten small businesses, reduce fishery yields, and negatively impact the National Historic Landmark designation of Cape May.

On 27 October 2023, project developer Ørsted North America filed a motion to intervene in support of BOEM.

On 31 October 2023, Ørsted North America announced it would cease development of the wind farm.

On 20 November 2024, after the project was officially abandoned, the federal court dismissed the lawsuit as moot and without prejudice.