Atlantic City Council repeals ordinance authorizing Atlantic Shores easements

Atlantic City Council on Feb. 5 adopted an initiative ordinance repealing Ordinance No. 74 of 2024, which had authorized the city to enter easements and cooperate with Atlantic Shores Offshore Wind Project 1, LLC in permitting onshore transmission facilities connected to the Atlantic Shores offshore wind project.

The repeal, introduced as ordinance 2A, passed after a motion by Councilman Shabazz and a second by Councilman Crouch. The council recorded unanimous “yes” votes from members present and read that the repeal takes effect upon final passage, adoption and publication as prescribed by law.

The action follows public comment from residents and opponents who urged the council to rescind the earlier approval and cited legal and environmental risks. “I wanna commend you for holding this special meeting tonight,” said Keith Moore, identifying himself as from Brigantine, who told the council he supported rescinding the ordinance. Resident Iris Pincus said she had reviewed the proposed contract and easements and raised multiple concerns, including an assignment clause that “allows Atlantic Shores to sell its shares to the highest bidder without regard to whether they're a worthy partner in this project,” an absence of what she described as industry-specific wind-farm insurance, and a lack of provisions for payment of economic damages such as lost profits. Pincus also cited horizontal directional drilling as a potential source of groundwater pollution and said she had relied on statements from the New Jersey Department of Environmental Protection when making that point.

The ordinance text recited in the meeting states Atlantic Shores Offshore Wind Project 1, LLC was awarded 1,510 megawatts of offshore wind generating capacity by the New Jersey Board of Public Utilities as a qualified offshore wind project under the Offshore Wind Economic Development Act (OWEDA), NJSA 48:3-87.1 et seq., and related regulations. It said, by virtue of that BPU approval, Atlantic Shores obtained authority to acquire easements and other property rights from municipalities for transmission facilities and that the earlier ordinance (No. 74 of 2024, adopted Dec. 18, 2024) authorized the city to enter easements and cooperate with Atlantic Shores as necessary to support permitting of those facilities.

Council proceedings included statements that a certified petition had been filed with the city clerk (petition filing date recorded as Jan. 3, 2023, with most signatures received Jan. 7, 2025, and remaining signatures Jan. 8, 2025 in the ordinance text), and the clerk’s determination was filed Jan. 17, 2025. Council legal staff (Mr. Tarver) and the council president explained procedural points before the reading and the vote. The ordinance language read aloud clarified that a yes vote would repeal Ordinance No. 74 of 2024.

Speakers at the meeting and multiple members on the dais also expressed frustration about the tenor of earlier public meetings and urged civility during the discussion. No new contract terms, mitigation measures or replacement agreements were adopted at the meeting; the council’s formal action was the repeal of the prior ordinance.

The repeal carries potential legal and administrative follow-ups: the ordinance itself notes that if any portion is declared invalid by a court, remaining portions stand, and the repeal takes effect upon final passage and publication. Public commenters referenced possible litigation related to the underlying project and a petition process that led to the council’s consideration; the transcript records mention of a potential legal action involving the League of Conservation Voters but provides no further detail about filings or court deadlines.

The council’s vote and the public comments together leave unresolved technical and financial questions raised by residents — including the contract assignment clause, the sufficiency of insurance and liability coverage, and drilling-related environmental risks — that proponents or Atlantic Shores have not addressed in the council record provided at this meeting.

Votes at a glance: Ordinance 2A (initiative ordinance to repeal Ordinance No. 74 of 2024) — Motion by Councilman Shabazz, second by Councilman Crouch; outcome: approved (recorded yes votes by members present).