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Court action and agency challenges put Maryland offshore wind projects into uncertain territory

Environment and Transportation Committee · December 16, 2025
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Summary

Industry and state officials said a recent court action vacated an administration "wind memo," but multiple agency reviews and a separate EPA challenge to a Maryland permit leave projects in legal doubt; US Wind and other developers have supply‑chain commitments in Maryland.

Industry representatives and state officials told the committee that offshore wind projects that were under development face a patchwork of agency actions even after a recent judicial decision.

Jen Brock, chief development officer at the Oceanantic Network, said a federal judge vacated the administration’s initial wind memorandum but cautioned the industry still faces various agency reviews across multiple federal offices. “What that will mean for the industry is is yet to be seen,” Brock said, noting several projects already under construction and supply‑chain investments.

Brock described three commercial projects in Maryland totaling about 1.7 gigawatts tied to US Wind and said US Wind has committed to a $500 million investment in the Sparrows Point steel facility and related cable work in Baltimore. She and other witnesses said supply‑chain investment and project‑level jobs are already occurring in Maryland.

Secretary Tricia McElwain told lawmakers the Ocean City permit was challenged by EPA Region 3 and that the Environmental Appeals Board is reviewing whether EPA had the authority to challenge the permit; MDE intends to litigate a rescission if it occurs. Industry witnesses said the uncertainty had already produced daily losses for projects under construction in other regions and had strained workers and vessels on the water.

Lawmakers asked for follow up on the Ocean City permit status and whether state economic-development and port investments tied to offshore wind remain secure. Stakeholders urged continued state support for domestic supply chains and the use of state incentives and procurement tools to preserve local jobs and manufacturing opportunities.

The committee was told that while a favorable court ruling is welcome, continued agency‑level actions and separate litigation mean the industry and the state must monitor multiple proceedings before development timelines can be confirmed.