By Brian Shane

Staff Writer

(July 25, 2025) We’ve done it the right way, federal rules don’t apply here, and we won’t be reissuing any permits.

That’s the upshot of a July 17 letter from Maryland’s Department of the Environment (MDE) to the U.S. Environmental Protection Agency (EPA), a response that pushes back against the federal agency’s claim that Maryland mishandled a key permit for US Wind’s offshore wind project.

Earlier this month, EPA regional administrator Amy Van Blarcom-Lackey told MDE that Maryland’s final approval of the permit was flawed because it didn’t explain how the decision could be appealed through federal channels. The omission invalidated the permit, EPA argued.

Based on this technicality, the feds told MDE not only to issue a new permit for US Wind, and to direct any public petitions to EPA’s Environmental Appeals Board. Otherwise, the whole thing could end up being thrown out in court – at least, according to EPA.

However, the state rejected those claims. MDE Secretary Serena McIlwain wrote that Maryland has legally been issuing permits like this “for decades” under authority approved by EPA. She said appeals to these sorts of permits are handled through state courts, not the federal system.

“The authority to issue these permits is a state function under Maryland law, not a direct implementation of federal regulations,” she wrote.

The state’s rebuttal also says its offshore wind permitting process not only meets but exceeds federal requirements, and that EPA had already acknowledged and approved this already.

EPA in its July 7 letter to MDE also asked the state to direct any appeals to a federal process and to therefore scrub online mentions of a state appeals process. But the state rejected that request, too.

“MDE will not re-issue the permit and will continue to follow the proper state procedures to consider appeals,” the state wrote. “We hope this response addresses your concerns and clarifies any misunderstanding.”

US Wind has been working for years toward a planned offshore wind farm located about 11 miles off Ocean City’s shoreline. Its field of up to 114 turbines would tower roughly 90 stories above sea level, providing enough power for more than 700,000 homes.

But opposition at the local level remains at a fever pitch despite state officials shepherding the process for US Wind. The municipal governments of both Worcester County and the town of Ocean City have promised to fight the wind farm, with each pledging a $100,000 toward an ongoing anti-wind PR campaign.

First District Congressman Andy Harris (R) called the EPA’s ruling a victory for offshore wind opponents, and President Donald Trump in an Executive Order says he wants subsidies stripped from wind and solar projects. Congress’ latest budget bill also rescinded subsidies for green energy projects that aren’t completed by 2028.

A spokeswoman for US Wind said its permits were issued validly and the company remains committed to the project.