Revolution Wind can officially resume. But unlike the last time President Donald Trump ordered construction on an offshore wind project to pause, relief came through the courts rather than politicking.
A federal judge on Monday ruled in favor of the Danish energy giant Ørsted, whose $6.2 billion Rhode Island project was halted last month by the Interior Department without, as the judge put it, any “factual findings.” A similar stop-work order that froze construction on New York’s Empire Wind was lifted by Trump officials in May following one month of heavy lobbying — and reported backdoor deal-making — by lawmakers and diplomats.
Judge Royce Lamberth, a Reagan-era appointee serving the U.S. District Court for the District of Columbia, granted a motion for a preliminary injunction sought by Revolution Wind to resume turbine construction while its complaint against the Interior Department works its way through the courts, which could take years. The project is 80% complete, and Ørsted released a statement on Monday saying workers will restart “as soon as possible.”
Monday’s decision marked a victory for Revolution Wind and could have broader legal ramifications for Trump’s ongoing war against offshore wind energy, given that several projects are still tangled up in litigation. And, if the recent ruling is any indication, the Trump administration may have a hard time convincing judges that walking away from already-approved wind farms makes sense.
“The Trump Administration’s erratic action was the height of arbitrary and capricious, and failed to satisfy any statutory provisions needed to halt work on a fully approved and nearly complete project. It was not a close call,” Connecticut’s Attorney General William Tong, a Democrat, stated in response to Lamberth’s decision.
All eyes on the courts now
Twelve other high-profile lawsuits are actively challenging Biden-era approvals for eight U.S. wind farms, according to the research firm ClearView Energy Partners. Traditionally, the government defends projects it’s already greenlit. Legally, however, it can pick and choose which approvals to stand up for.
For example, three of those projects — New England Wind, SouthCoast Wind, and the Maryland Offshore Wind Project — could soon lose their federal approvals. None of the three have started construction yet, but in the past month, government officials have filed documents in court for each, trying to undo approvals granted by the Biden administration.
“These other cases are different procedurally, but [the Revolution Wind ruling] shows that the courts are taking this seriously and that the Trump administration took these actions without sufficient justification,” said Nick Krakoff, a senior attorney for the Conservation Law Foundation.
The latest blow came on Thursday, when government lawyers filed a motion to reverse its approval of SouthCoast Wind, a massive 141-turbine project slated for federal waters near Massachusetts’s coastline. Krakoff said that the legal argument is nearly identical to one filed in the U.S. District Court of Maryland the week prior seeking to take back approvals from the Maryland Offshore Wind Project.
Both filings invoke a new legal interpretation of the Outer Continental Shelf Lands Act that argues that the Interior Department must weigh other ocean activities — like commercial fishing and Coast Guard operations — in an “absolutist approach,” said Krakoff, to evaluate potential conflicts with wind farms.
The standard interpretation, employed for almost a decade by past administrations and already upheld in a 2024 court decision, instructs agencies to take a more balanced approach to evaluating multiple ocean users.
“It’s not unprecedented for a new administration to switch positions. But it is unprecedented to seek to remand a permit because of it,” said Krakoff, who called the Trump-era interpretation of the law a “coordinated attack” on thousands of clean energy jobs.
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