Full Service Law Firm in Mt. Laurel Township, NJ | Capehart Scatchard

Articles

Articles › Ørsted Announces Halt to Development of Two Offshore Wind Projects for New Jersey

Ørsted Announces Halt to Development of Two Offshore Wind Projects for New Jersey

November 1, 2023
By Alan P. Fox, Esq.

Ørsted Americas, a Danish wind developer and industry leader, recently announced that it is halting development of two major offshore wind projects, proposed to be developed off of the shores of New Jersey (known as Ocean Wind 1 and Ocean Wind 2).  A company statement blamed unfavorable changes in the economic conditions, including rising interest rates and supply chain issues. Industry commentators report other unfavorable conditions, including a strain on supplies like monopiles and other components, as well as long wait times for the ships needed to construct the wind turbines in the ocean.

Ørsted Americas CEO David Hardy issued a statement stating: “Macroeconomic factors have changed dramatically over a short period of time, with high inflation, rising interest rates, and supply chain bottlenecks impacting our long-term capital investments.”

Ørsted’s decision will have an unwelcomed impact on New Jersey’s development of alternative energy to reduce carbon emission under the state’s Energy Master Plan. New Jersey Gov. Phil Murphy, a propone of offshore wind, was upset with Ørsted’s decision to abandon its commitments to New Jersey. Gov. Murphy said in a statement: “I have directed my Administration to review all legal rights and remedies and to take all necessary steps to ensure that Ørsted fully and immediately honors its obligations.”

Nationally, notwithstanding the Biden Administration’s support for offshore wind, the number of active turbines in U.S. waters remains in single digits, and the energy output is significantly behind solar and onshore wind. CNN reports there will be about 140 gigawatts of solar (including both utility scale and rooftop) installed in the US by the end of this year, while offshore wind will only generate 42 megawatts. Two commercial-scale offshore wind projects – Vineyard Wind off the coast of Massachusetts and South Fork Wind off the coast of New York – are currently under construction.

Earlier this week, the Biden administration announced it approved plans for Dominion Energy to build the largest offshore wind farm to-date in the United States off the coast of Virginia. The Dominion project, known as Coastal Virginia Offshore Wind, is planned to be a 2.6-gigawatt wind farm that could eventually generate enough electricity to power over 900,000 homes. Ocean Wind 1 would be the next largest project the administration had approved – expected to generate 1.1 gigawatts, enough to power over 380,000 homes.

About the Author:

Alan P. Fox

Chair, Alternative Energy and Co-Chair, Real Estate & Land Use Practice


Mr. Fox focuses his practice on alternative energy (including wind and solar), banking, bankruptcy, creditors’ rights, workouts, commercial and transportation litigation, commercial transactions, business/corporate law, commercial and residential real estate, zoning and land use law.

Mr. Fox has developed his practice in the areas of commercial litigation, commercial transactions, bankruptcy, business law, real estate, real estate tax appeals, renewable energy law, zoning and land use law. He represents both lenders and borrowers in commercial lending. He has over 30 years of experience presenting land use applications before zoning and planning boards, including 8 years as the solicitor for the Riverside Township Land Use Board. He has litigated zoning matters at the appellate level. He successfully won a railroad condemnation case for a Class 1 railroad before the NJ Supreme Court.

His commercial real estate practice covers shopping centers, restaurants, retail, office buildings, manufacturing, warehouses and residential developments, as well as net metering and community solar energy projects. He navigates his clients through the local, county and the state regulatory permits and approvals process.

Currently, his alternative energy practice has expanded into transactions related to and obtaining zoning approvals for photovoltaic solar electric production systems in New Jersey, as well as transactional documents for solar projects including options and purchase agreements, easements, PPAs and related documents. His alternative energy practice is expanding into more growth opportunities including electric vehicle charging stations, development of the Offshore Wind industry and battery storage for alternative energy projects.

Mr. Fox’s commercial litigation experience covers a wide variety of industries, including banking, landscape, manufacturing,  construction, automotive retail, real estate development, wholesale floral and solar energy projects. He also assists creditors with collections under notes and loan agreements, security agreements, mortgage foreclosure, replevin or assignments of rents. His representation of creditors in the bankruptcy court includes negotiating cash collateral agreements, stay relief motions, defending preference actions, non-dischargeability issues, rejection/assumption of executor contract or lease issues.

Subscribe to Blog Updates

Capehart Blogs

Categories

Share