We’ve been following the drama surrounding offshore wind leases. First, a court found that the administration’s federal wind moratorium was unlawful. Then, the administration countered with a directive from the Department of the Interior suspending offshore leases citing national security concerns. Now, major wind developers are seeking a preliminary injunction in the U.S. District Court for the District of Columbia. One of the Plaintiffs is Sunrise Wind LLC, a wholly owned subsidiary of international energy firm Ørsted. In their press release on the case Ørsted states:
“Sunrise Wind secured all required local, state, and federal permits, following extensive multi-year reviews. As a requirement of the permitting process, the Project engaged in years-long consultation with the U.S. Department of Defense [War] Military Aviation and Installation Assurance Siting Clearinghouse to address potential impacts to national security and defense capabilities from construction through to operation of the Project. Those consultations resulted in a fully executed formal agreement between the Department of War, the Department of the Air Force, and Sunrise Wind outlining mitigation measures by the Project. Sunrise Wind has spent and committed billions of dollars in reliance upon, and has met the requests of, a thorough review process. Additional federal reviews and approvals included the U.S. Coast Guard, U.S. Army Corps of Engineers, National Marine Fisheries Service, and many other agencies.”
We’ll have to see how these efforts pan out over the coming weeks. Ørsted notes that the construction of their wind project is nearly 45% complete and was originally slated to come online as soon as October 2026. If the court does issue an injunction, the government is likely to appeal. Failing that, they may seek some alternative form of executive action to keep wind leases frozen.
Our members can learn more about sustainability litigation here.
Interested in a membership with access to the complete range of benefits and resources? Sign up now and take advantage of our no-risk “100-Day Promise” – during the first 100 days as an activated member, you may cancel for any reason and receive a full refund. But it will probably pay for itself before then. Members also save hours of research and reading time each week by using our filtered and curated library of ESG/sustainability resources covering over 100 sustainability subject areas – updated daily with practical and credible information compiled without the use of AI.
Practical Guidance for Companies, Curated for Clarity.
