US Justice Department Backs Permit Challenges for Three East Coast Offshore Wind Projects

Legal pressure on US offshore wind has escalated well beyond permitting delays and tax credit rollbacks. The Department of Justice has begun filing court motions in support of wind energy opponents, asking federal judges to remand project permits back to regulators for additional review — including for facilities that already hold full federal licensing.

The department’s most recent target is the 2 GW New England Wind project off the Massachusetts coast, for which it filed a motion seeking to return a key construction approval to regulators. About two weeks earlier, it made similar requests for Revolution Wind — a 704 MW project that is already partially generating electricity for two northeastern states — and for the proposed 1.7 GW Maryland Offshore Wind site.

According to Canary Media, the government filings effectively align the administration with challengers who allege that federal agencies did not adequately protect marine fauna and coastal landscapes when issuing the original approvals.

US Wind, the developer behind the Maryland project, pushed back firmly. The company noted that comprehensive environmental reviews took more than a decade to complete and said it is prepared to defend the validity of its permits in court.

A DOJ remand motion does not automatically cancel a project — the judiciary holds the final say. Even so, legal experts warn the stakes extend well beyond wind energy. Tony Irish, a former Interior Department attorney now with the nonprofit group PEER, cautioned that the precedent of revisiting already-issued permits creates deep uncertainty that could undermine major infrastructure development across sectors, including power transmission.

Source: Canary Media