DOJ asks courts to revoke offshore wind permits, citing review of Biden approvals

The Justice Department filed three motions asking federal courts to revoke the construction and operation plans for three offshore wind projects, Utility Dive reported Oct. 22. The targets are Revolution Wind, a 50/50 venture between Ørsted and Skyborn Renewables; US Wind's Maryland Offshore Wind; and Avangrid's New England Wind. No ruling on the motions is reported.

Sen. Sheldon Whitehouse, D-R.I., one of the senators sponsoring the Bipartisan American Affordability and Jobs Act, said in a statement that "this is how you blow up a permitting deal." Utility Dive reported the administration's action could threaten the Senate permitting bill.

Ørsted spokesperson Karl-Erik Stromsta told Utility Dive that Revolution Wind "recently" completed offshore construction, with further project updates due on the company's Nov. 5 earnings call. This publication reported on Oct. 13 that Interior wants to reevaluate its approval for Revolution Wind, a project that has now completed offshore construction. US Wind's Maryland project and Avangrid's New England Wind are earlier in their development timelines, and neither developer has announced commencing construction.

In a February filing in the US Wind case, the developer said it is "not currently proceeding with the next steps in developing the project … because of the significant cost of that undertaking and the risk that US Wind would lose that investment given the alleged decision to revoke the COP approval."

The administration argues in court that Interior's approvals of the projects during the Biden administration may have violated the Outer Continental Shelf Lands Act, and that Interior must reassess each approval. In the Maryland case, DOJ wrote that the Bureau of Ocean Energy Management's decision documents list "moderate adverse" and "major adverse" impacts to certain resources, including endangered species, "but nevertheless determine that the [construction and operations plan] could be approved despite those impacts. For those reasons, the COP needs to be reconsidered."

The motions were filed in dockets of cases brought by other parties. The Maryland Offshore Wind motion sits in a lawsuit by Ocean City's mayor and city council against Interior. The other two were originally filed by ACK For Whales and Green Oceans, two New England groups that oppose offshore wind on marine-life grounds.