The decision whether or not to dismiss a lawsuit challenging a billion dollar tax break for offshore wind development rests with a state judge, and the deicsion is expected next month. According to the Press of Atlantic City, the state argues a coalition of offshore wind opponents, including Protect Our Coast NJ and Defend Brigantine Beach, failed to state a claim when it filed suit in late July, according to a filing in Mercer County Superior Court. Plaintiffs argue the tax break is unconstitutional, saying Ørsted, the company building two planned sets of wind turbines off the Jersey Shore, told the New Jersey Board of Public Utilities it held enough capital to deliver lower energy rates.