Revolution Wind and two states file law suits challenging stop-work order

Image: Ørsted

The Trump Administration is now facing two separate legal challenges to last month’s BOEM stop-work order issued to the fully-permitted, 80% complete Revolution Wind project —the-first bistate offshore wind farm.

The challenges to the stop-work order have been filed in the U.S. District Court for the District of Columbia by Revolution Wind (a joint venture between Ørsted and a consortium led by Skyborn Renewables,a Global Infrastructure Partners company) and in Rhode Island federal court by the states of Connecticut and Rhode Island.

The project is set to power more than 350,000 homes in 2026 across the two states and ISO New England, the entity responsible for operating the electric grid in the region, has warned that delaying the project would increase risks to reliability.

Revolution Wind says that while it will continue to seek to work collaboratively with the Administration and other stakeholders toward a prompt resolution, it believes that BOEM lacked legal authority for the stop-work order and that the stop-work order’s stated basis violated applicable law. The project is facing substantial harm from continuation of the stop-work order, and as a result, litigation is a necessary step.

It notes that Revolution Wind supports more than 2,000 American jobs across construction, operations, shipbuilding, and manufacturing, including more than 1,000 union jobs that have already contributed 2 million union work hours to this project. Revolution Wind is a part of Ørsted’s investment into American energy generation, grid upgrades, and port infrastructure, as well as a supply chain, including U.S. shipbuilding and manufacturing extending to more than 40 states.

Announcing their action, Connecticut Attorney General William Tong and Rhode Island Attorney General Peter F. Neronha said that the August 22 stop work order issued by BOEM did not identify any violation of law or imminent threat to safety. The order, they said abstractly cites BOEM’s authority under the Outer Continental Shelf Lands Act (OCSLA), ordering the stop so that the agency may address unidentified “concerns.” No explanation was provided.

The complaint, to be filed against the Department of the Interior, BOEM and their appointed leaders alleges that such arbitrary and capricious government conduct violates both the Administrative Procedure Act and the government’s authority under OCSLA.

Both laws “demand reasoned decision-making, fidelity to statutory limits, and respect for the settled expectations of sovereign States and regulated parties,” the complaint states. “The States of Connecticut and Rhode Island sue to vindicate those principles. They seek to restore the rule of law, protect their energy and economic interests, and ensure that the federal government honors its commitments.”

The complaint asks that the court declare the stop work order unlawful and block the Trump administration from halting Revolution Wind’s development.

“Revolution Wind is fully permitted, nearly complete and months from providing enough American-made, clean, affordable energy to power 350,000 homes. Now, with zero justification, Trump wants to mothball the project, send workers home, and saddle Connecticut families with millions of dollars in higher energy costs. This kind of erratic and reckless governing is blatantly illegal, and we’re suing to stop it,” said Attorney General Tong.

“With Revolution Wind, we have an opportunity to create good-paying jobs for Rhode Islanders, enhance energy reliability, and ensure energy cost savings while protecting our environment,” said Attorney General Neronha. “And yet, this stop work order is not even the latest development in this Administration’s all-out assault on wind energy. Just yesterday, we learned of reports that the Administration is pulling in staff from several different unrelated federal agencies, including Health and Human Services, to do its bidding. Does this sound like a federal government that is prioritizing the American people? This is bizarre, this is unlawful, this is potentially devastating, and we won’t stand by and watch it happen.”

“It’s been nearly two weeks, and the Trump Administration still has not explained or justified its decision to halt construction of Revolution Wind. While this is unacceptable, there is still a path forward if Washington is willing to be a partner. We hoped to work with the Administration to lower energy costs, strengthen grid reliability, create jobs, and drive economic growth, but only if they share those goals. But if they do not, we will act to preserve this vital project and protect the energy future of Connecticut and the entire New England region,” said Governor Ned Lamont.

“Shutting down Revolution Wind is insane, illogical, and illegal. Thousands of workers are without jobs, businesses may close, and energy prices will only climb higher because of this foolish decision. I applaud Attorney General Tong for his swift action against the Trump Administration,” said U.S. Senator Richard Blumenthal.

“The impact of the Trump Administration’s halt work order is going to cause immediate significant harm for a project that is 80% complete. Given the stakes in terms of jobs and energy costs, this lawsuit is well founded,” Congressman Joe Courtney said. “As I have pointed out since the order was announced, any and all national security concerns for the Revolution Wind project were vetted and mitigated by Ørsted, the Department of Defense, the Coast Guard, Rhode Island, and Connecticut. As such, there was no justification for such a drastic action by the Trump Administration.”