Battle against latest U.S. offshore wind pause reaches courts

mage: AI-generated via OpenAI

Inevitably, offshore wind developers are looking to the courts to overturn the pause imposed by the Department of the Interior on Dec. 22, 2025 on the leases for all large-scale offshore wind projects under construction in the United States, citing “national security risks identified by the Department of War in recently completed classified reports.” Those risks, it seems, relate to radar clutter.

An earlier blanket offshore wind pause was struck down In a ruling in U.S. District Court for the District of Massachusetts, Judge Patti B. Saris who found that the sweeping ban was “arbitrary and capricious.” That case had been brought by New York State Attorney Letitia James, leading a coalition of 17 attorneys general, and the Alliance for Clean Energy New York.

Dominion Energy takes legal action

First to seek injunctive relief against the latest pause was Dominion Energy, whose Coastal Virginia Offshore Wind project is among those paused. Today, the Virginian Pilot reports that U.S. District Judge Jamar Walker of the Eastern District of Virginia issued an order Sunday that, says the newspaper, “changed a motion for a temporary restraining order iomednto a less urgent order for a preliminary injunction.

He also directed that the federal government present the court with “any and all classified information it contends informed the decision to issue the stop work order.”

The court order, reports the Virginian Pilot, schedules a Jan. 16 hearing in Norfolk, Va., on the preliminary injunction request and gives the federal government until Jan. 9 to present the evidence for the government to review.

Revolution Wind challenges new pause

More court challenges are in the works. Yesterday, Jan. 1, Revolution Wind LLC, a 50/50 joint venture between Global Infrastructure Partners’ Skyborn Renewables and Ørsted, filed a supplemental complaint in the U.S. District Court for the District of Columbia challenging the Dec. 22 lease suspension order ), to be followed by a motion for a preliminary injunction.

“While Revolution Wind continues to seek to work constructively with the Administration and other stakeholders towards an expeditious and durable resolution of this matter, it believes that the lease suspension order violates applicable law,” says Ørsted. “As was the case with the August 2025 stop-work order, the Revolution Wind Project faces substantial harm from a continuation of the lease suspension order. As a result, litigation is a necessary step to protect the rights of the project.”

Revolution Wind secured all required federal and state permits in 2023, following extensive reviews that began more than nine years ago, notes Ørsted.

“As a requirement of the permitting process, the project engaged in years-long consultation with the U.S Department of Defense [War] Military Aviation and Installation Assurance Siting Clearinghouse to address potential impacts to national security and defense capabilities from construction through to operation of the project,” says the company. “Those consultations resulted in a fully executed formal agreement between the Department of War, pthe Department of the Air Force, and Revolution Wind outlining mitigation measures by the project.

Sunrise Wind LLC, a separate project and wholly owned subsidiary of Ørsted that also received a lease suspension order on December 22 continues to evaluate all options to resolve the matter, including engagement with relevant agencies and stakeholders and considering legal proceedings.

Empire Wind files suit in D.C.

Equinor reported Friday that Empire Offshore Wind LLC (Empire) filed a civil suit in the U.S. District Court for the District of Columbia ton Jan 2 January 2026 challenging the U.S. Department of the Interior’s order directing a suspension to the Empire Wind project. As part of that case, Empire plans to seek a preliminary injunction and allow construction to continue while the litigation proceeds.

“While Empire continues to work closely with Bureau of Ocean Energy Management (BOEM) and the other relevant authorities to find a prompt resolution to the matter, the order is in Equinor’s view unlawful and threatens the progress of ongoing work with significant implications for the project,” says Equinor. “The preliminary injunction filing is necessary to allow the project to continue as planned during this critical period of execution and avoid additional commercial and financing impacts that are likely to occur should the order remain effective”.

Equinor notes that Empire has coordinated closely with numerous federal officials on national security reviews since it executed its lease for the project in 2017, including with the Department of War, and has complied with relevant national security related requirements identified as part of the regulatory process. In addition, Empire meets regularly with officials charged with oversight of security issues for the project, including weekly meetings with the U.S. Coast Guard and other marine first responders.

Empire Wind is being developed under contract with the New York State Energy Research and Development Authority (NYSERDA) and, once completed, is expected to provide enough power to electrify approximately 500,000 homes in New York.

Empire Wind is more than 60% complete and represents a significant investment in U.S. energy infrastructure, jobs, and supply chains. Equinor has invested over $4 billion of which USD 2.7 billion has been drawn under the project financing. Empire Wind has, as of Sept 30, 2025 a gross book value of around $3.1 billion, including South Brooklyn Marine Terminal. The project’s construction phase alone has put nearly 4,000 people to work, both within the lease area and through the revitalization of the South Brooklyn Marine Terminal.

Empire and its contractors are complying with the order, while continuing activities required in order to prevent impacts to health, safety and the environment.