By Seth Grossman
Last Wednesday, Jan. 29, Atlantic City Mayor Marty Small gave opponents of ocean wind turbines a pleasant surprise. He sent the above memo requesting a “special meeting of City Council” on this Wednesday, Feb. 5. Its purpose is to “repeal Ordinance 74 of 2024 Granting Certain Concessions, Permissions, and Easements to Atlantic Shores Offshore Wind Project 1 LLC In Support of Qualified Offshore Wind Project”.
That Ordinance was adopted by a 5-to-4 majority of City Council last Dec. 18. At that time, it had the full support of Democratic Mayor Marty Small and his five allies on City Council. That ordinance gave Atlantic Shores permission to dig up streets and install high voltage cables from offshore wind turbines from the California Avenue Beach through much of the Chelsea Neighborhood to transformers in Egg Harbor Township. It also gave state government control of certain city owned parks and recreation facilities.
This Ordinance was vigorously opposed by residents throughout the City. Three weeks later, opponents of the project filed a petition with the signatures of 2,092 voters demanding a public vote on the ordinance. Atlantic City has an “Optional Municipal Charter” under the “Faulkner Act”. It gives voters the right to require a public vote on an ordinance if 15% of the active voters in a city sign a petition protesting the ordinance. Opponents of the wind turbine ordinances needed only 801 signatures to require voter approval of the ordinance.
If City Council repeals the Ordinance thus Wednesday, there will be no need for a public vote. The four-year term of Atlantic City Mayor Marty Small expires this year and he is seeking re-election. He may benefit by removing this explosive issue from his re-election campaign as quickly as possible.
How should ocean wind opponents respond to this development? My advice is to win with grace, and without gloating. Why turn temporary opponents into permanent enemies?
This victory does not end the ocean wind turbine project. It simply puts Atlantic City in the same situation as Ocean City. When Ocean City denied permits to Atlantic Shores last year, Governor Murphy and a majority of the State Legislature took steps to overrule local officials. They can do the same if Atlantic City refuses to issue needed permits and approvals. Unlike some western states, New Jersey does not have “home rule” All local governments are creatures of State government. The State can legally overrule Atlantic City’s local government regardless of whether the Ordinance 74 of 2024 is repealed by City Council this Wednesday, or by public vote on November 4.
However, Atlantic City’s refusal to give needed permits will create legal complications, delay and added expense to the Atlantic Shores wind project. Now that President Trump opposes the project, it has an even less chance of being profitable for Atlantic Shores and its investors.
It may not be a coincidence that Shell Oil withdrew from the project just one day after Mayor Small called for a special council meeting to repeal Atlantic City’s Wind Turbine ordinance.
Update: On Monday, Feb. 3, 2025 NJ Governor Murphy announced that the project would not receive any financial backing from state government. He also cancelled the bidding process for various approvals needed by Atlantic Shores to move forward. According to Politico.com, “this effectively dooms Atlantic Shores, a project off the coast of Atlantic City that has been the focus of opposition from President Donald Trump and Rep. Jeff Van Drew (R-N.J.)”
Seth Grossman is a retired attorney and Executive Director of LibertyAndProsperity.com. He can be reached at (609) 927-7333 or at info@libertyandprosperity.com. The group holds open breakfast discussions every Saturday at 10:30am at Sal’s Coal Fired Pizza, 501 New Rd in Somers Point, NJ.
