On October 1, the Environmental Protection Agency granted authorization to Atlantic Shores South Projectone of the last bureaucratic hoops project developers had to jump through before breaking ground.

The Clean Air Act requires the EPA to regulate air emissions from both “stationary and mobile sources,” requiring the agency to analyze the air pollutants that will be emitted. The EPA sets the standard for pollutant emissions.

The Washington Examiner first reported on the offshore wind project in July after the Biden administration gave its approval. The project promises to deliver clean energy to one million New Jersey homes, according to the Office of Ocean Energy Management.

However, Save Long Beach Island, a coalition of residents opposed to the Atlantic Shores wind project, expressed concern that the project would actually increase energy costs, harm endangered whale populations, and cause noise pollution and air, among other concerns.

Since the summer, Save Long Beach Island has been preparing to file a lawsuit against the Biden administration because it believes the wind farm will violate Clean Air Act.

On August 6, 2024, Save Long Beach Island filed a 60-day notice with the EPA’s Environmental Appeals Board of its intent to sue.

Bob Stern — president of Save Long Beach Island and a former Department of Energy engineer — expresses concern that construction of the 200 wind turbines — just nine miles from the coast — will pollute the Brigantine National Wilderness Area and the Edwin B. Forsythe National Wildlife Refuge .

This federally protected wetland is home to the vulnerable Black Rail and Saltmarsh Sparrow, along with other bird species. In 1977, Congress designated the Brigantine Wilderness Area to have special protections for air quality and visibility under the Clean Air Act.

“The Clean Air Act is designed to regulate air emissions from all sources to protect public health and the environment,” Stern said. “The agency must be held accountable and explain to the public how this approval protects the Brigantine National Wilderness Area.”

Stern points to three concerns about the EPA’s granting the offshore wind project a Clean Air Act permit. Stern says the State Implementation Plan for Regional Haze — intended to reduce visibility-impairing pollution — doesn’t account for pollution from the construction and operation of offshore wind projects. Stern also said the air quality modeling does not accurately describe the build-up of piles that will occur during construction. Essentially, the model does not properly size foundations for wind turbines that are driven into the seabed, nor does it account for foundation embedment time.

Stern also expressed concern about Atlantic Shores South’s minimal study of wind turbine component failure rates and replacement rates.

“In July, the Vineyard Wind project off the coast Nantucket provided a clear example of how wind turbines can fail when a 350-foot-long turbine blade spontaneously collapsed during testing off the coast of Nantucket and how long it can take to repair the damage,” Stern wrote.

The blade that broke from the wind turbine at the Nantucket Wind Farm was deemed to have a manufacturing defect. Debris from the 351-foot-long blade washed up on several beaches.

Save Long Beach Island plans to file grievances with EPA ruling on Clean Air Act permit and other concerns the group raised about the project’s violations of the Endangered Species Act and Marine Mammal Protection Act .

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Save Long Beach Island DEPOSIT a lawsuit against the Bureau of Ocean Energy Management and the developers in September for the lack of noise studies on how the construction will affect marine life and residents.

Save Long Beach Island filed its first lawsuit against the Commerce Department in April in an attempt to block the Atlantic Shores South project, with allegations that construction would violate the Marine Mammal Protection Act. The lawsuit was dismissed in federal court in February.