The US Department of Justice (DOJ) has filed motions in federal courts seeking to revoke or send back for reassessment the Biden-era approvals of the construction and operation plans (COPs) of three offshore wind projects in the United States (Utility Dive, 22/10/2026). The base for the motion, according to the DOJ is the violation of the Outer Continental Shelf Lands Act (OCSLA).
The projects are:
- US Wind’s 2.2 GW Maryland Offshore Wind: Planned for development in four phases off the coasts of Maryland.
- Avangrid’s 2.6 GW New England Wind: No construction start has been announced.
- Ørsted and Skyborn Renewables’ 700 MW Revolution Wind: Offshore construction is complete, and the project has delivered power to the New England grid since March 2026.
In the Maryland case, the DOJ motion was filed on 13 October 2026 in the US District Court for the District of Maryland citing impacts on commercial fisheries, scientific research, coastal views and protected species. The remand has been requested “without vacatur”, so the approval would stay in place while the US DOI reconsiders it.
The motions for New England Wind and Revolution Wind were filed in cases originally brought by the groups ACK For Whales and Green Oceans.
The administration issued a stop-work order in December 2025 that halted construction on five offshore wind projects and has bought out offshore wind leases from developers. It also sought remand and vacatur of the SouthCoast Wind approval (KEI 23/09/2025), and the court allowed the agency to reconsider it.
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