In January of 2025, the administration issued a memorandum titled: “Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects.” Aside from the gratuitously long title, the memo threw a wrench into offshore wind energy projects by halting federal offshore leases. This led a coalition of Attorneys General to challenge the federal government’s policy. Now, a federal district judge for the District of Massachusetts has ruled in the AG’s favor, vacating the memo. A Jones Walker memo discusses the ruling:
“Because the Wind Memo was both arbitrary and capricious and not in accordance with law, the court declared it unlawful and vacated it in its entirety. Because the court vacated the permitting pause, federal agencies should return to processing applications for wind projects. However, other administrative activities attacking wind projects and other renewable energy initiatives may continue to function as a de facto moratorium on wind permitting.”
While this doesn’t mean that US wind projects are out of the woods, it is a promising step for developers. The administration has left numerous renewable energy projects in limbo, creating politically stranded assets. This decision may help developers get back on track and serve as a precedent for other renewable projects challenging the administration’s energy policy. We’ll see if the administration appeals this decision, teeing up another court battle in the First Circuit Court of Appeals.
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