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DOJ asks courts to revoke approvals for 5.5 GW of offshore wind, putting Senate permitting deal at risk

The U.S. Department of Justice filed motions in federal court seeking to revoke Interior Department approvals for three Atlantic offshore wind projects totaling more than 5.5 gigawatts, including the completed 700-megawatt Revolution Wind farm that has been delivering power to New England since March. The moves threaten to unravel the Senate's bipartisan permitting reform bill.

By Greener Numbers Editorial Team · Published October 22, 2026 · Updated 10/22/2026

The U.S. Department of Justice has filed motions in federal court asking judges to revoke the Department of the Interior's approvals of construction and operation plans for three major offshore wind projects: the 2.2-gigawatt Maryland Offshore Wind project developed by US Wind, Avangrid's 2.6-gigawatt New England Wind, and the 700-megawatt Revolution Wind farm, a 50/50 venture between Orsted and Skyborn Renewables.

Unlike the two earlier-stage projects, Revolution Wind has completed offshore construction and has been delivering electricity to New England's grid since March. US Wind's Maryland Offshore Wind and Avangrid's New England Wind have not announced construction starts.

The administration argues the Biden-era approvals may have violated the Outer Continental Shelf Lands Act and that Interior must reassess each one. In the Maryland case, DOJ wrote that the Bureau of Ocean Energy Management's decision documents listed "moderate adverse" and "major adverse" impacts to resources including endangered species but approved the construction and operations plan anyway, saying it "needs to be reconsidered." Rather than opening new cases, the three motions were filed into existing lawsuits brought by project opponents: the mayor and city council of Ocean City, Maryland, and New England marine advocacy groups ACK For Whales and Green Oceans.

The filings land in the middle of delicate Senate negotiations over the Bipartisan American Affordability and Jobs Act, a permitting reform package unveiled in September and awaiting action in the Senate Energy and Natural Resources Committee. One provision aims to stop federal agencies from engaging in energy resource favoritism. Sen. Sheldon Whitehouse, D-R.I., a sponsor, said in a statement that "this is how you blow up a permitting deal," and said amendments will be considered when the Senate reconvenes in November.

Official source: Utility Dive ↗