On Monday, May 4, 2025, a coalition of 17 states and the District of Columbia filed suit in Massachusetts District Court over the Trump administration’s efforts to block federal permits for all offshore wind development. The administration’s policy was announced in a January 20, 2025 executive order placing federal permitting of wind projects on hold while the Interior Department reviews applications for offshore leases. The lawsuit asks the court to declare the executive order unlawful and to prevent federal agencies from taking any measures to block or delay wind projects, claiming the it is baseless and unjustified. Several offshore wind projects are under development, having advanced through the long list of environmental reviews required by federal law, while others are in the regulatory pipeline. The plaintiffs note that the executive order contradicts the administration’s simultaneous declaration of a “national energy emergency,” and undermines efforts by the affected plaintiffs to comply with their renewable energy requirements. 

Notwithstanding the executive order, the offshore wind industry has faced economic headwinds in recent years that have resulted in delays, additional costs, and, in some cases, project cancelations. As a result of economic uncertainty and political hostility, the status of offshore wind projects varies widely – Atlantic Shores (1.5GW) off the coast of New Jersey recently had its air pollution permit invalidated by the EPA; Empire Wind (810MW) off the coast of New York is under a stop order issued by the Interior Department; Beacon Wind (2.5GW) off the coast of New York withdrew a key permit application, citing the need to reevaluate the project design; Vineyard Wind 1 (800MW) off the coast of Massachusetts is on track to complete construction in 2025; New England Wind 1 and 2 (2.6GW) off the coast of Massachusetts is fending off lawsuits to reopen its Clean Air Act permits; Southcoast Wind (2.4GW) off the coast of Massachusetts has announced a construction delay; and Revolution Wind (704MW) off the coast of Rhode Island is progressing.

The jurisdictions involved in the lawsuit are Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Massachusetts, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Washington.

Photo of Peter Knight Peter Knight

A Partner in Robinson+Cole’s Environmental, Energy + Telecommunications Group, my practice focuses on environmental litigation and enforcement matters. I routinely assist clients with private cost recovery and complex multiparty CERCLA cases and class actions, as well as environmental remediation projects. In addition to…

A Partner in Robinson+Cole’s Environmental, Energy + Telecommunications Group, my practice focuses on environmental litigation and enforcement matters. I routinely assist clients with private cost recovery and complex multiparty CERCLA cases and class actions, as well as environmental remediation projects. In addition to my land-based practice, I also represent a variety of coastal and maritime interests in connection with large vessel casualties, oil spills and emergency response, and counseling on U.S. Coast Guard regulatory matters. My full firm bio can be accessed here.