A US federal court has granted a motion filed by the Department of Justice (DOJ) and the Bureau of Ocean Energy Management (BOEM) to pause proceedings concerning the SouthCoast Wind project off Massachusetts. The agencies requested a voluntary remand to reconsider the previous approval issued for the 2.4 GW offshore wind development.
According to offshoreWIND.biz, Ocean Winds, the project’s developer, said it is reviewing the implications of the ruling and will determine its next steps accordingly.
The case stems from a lawsuit filed by the Town of Nantucket against the Department of the Interior (DOI) and BOEM, challenging the project’s approval. After a change in administration, the same agencies decided to reassess their decision, aligning with Nantucket’s request. As a result, the court has paused the lawsuit.
The ruling referenced a presidential directive calling for a new review of all wind energy projects. It cited BOEM’s acknowledgment that its Environmental Impact Statement (EIS) for SouthCoast Wind may have “understated or obfuscated impacts that could have subsequently been improperly weighed,” potentially leading to noncompliance with the Outer Continental Shelf Lands Act (OCSLA).
BOEM will now review its approval and issue a new determination—whether to approve, disapprove, or approve with conditions—the project’s Construction and Operations Plan (COP).
The Town of Nantucket welcomed the decision, saying it validated its view that the federal government must carefully evaluate environmental and cultural impacts before issuing offshore wind permits.
In granting the DOJ’s motion to remand, US District Judge Tanya S. Chutkan said she was “not convinced” the developer would experience “immediate and significant hardship” as a result of the remand.
For Ocean Winds, which obtained BOEM approval for its COP in January this year, the decision was a disappointment. Michael Brown, North America Country Manager for Ocean Winds, expressed concern over the court’s 4 November ruling, emphasizing that the company remains committed to the high standards developed through its four-year National Environmental Policy Act (NEPA) review, offshoreWIND.biz reported.
Brown noted that since acquiring the lease during the first Trump administration, SouthCoast Wind has invested more than $600 million in development and permitting activities, including lease payments to the federal government.
Despite the ruling, Ocean Winds reaffirmed its belief in the value of the 2.4 GW project, which is designed to power more than 1 million New England homes and support thousands of union jobs. Brown added that the company is assessing the implications of the ruling and considering potential legal remedies to ensure the project’s integrity and long-term contribution to national and regional energy goals, offshoreWIND.biz added.
