States, companies sue Trump administration over wind farm stop-work order

Blue state attorneys general and the companies building the nearly completed Revolution Wind project are suing the Trump administration for its order halting work on the project off the coast of New England — escalating the fight over the stalled project that is at the center of the administration's efforts to restrict offshore wind.

Revolution Wind — a joint venture between the Danish wind giant Ørsted and Skyborn Renewables — filed a complaint in the U.S. District Court for the District of Columbia on Thursday seeking to vacate the stop-work order from Trump's Interior Department, arguing that the administration lacked the legal authority for the decision.

Shortly after, Connecticut Attorney General William Tong and Rhode Island Attorney General Peter Neronha announced the states would also sue the Trump administration in Rhode Island federal court to overturn the order.

"The Project has spent billions of dollars in reliance on these valid approvals," the Revolution Wind filing said. "The Stop Work Order is invalid and must be set aside because it was issued without statutory authority, in violation of agency regulations and procedures and the Fifth Amendment’s Due Process Clause, and is arbitrary and capricious."

The states' complaint contends that the action violates both the Administrative Procedure Act and the government’s authority under the Outer Continental Shelf Lands Act.

The stop-work order was among several actions taken under President Donald Trump — a longtime wind critic — to impede development of the nascent U.S. offshore wind industry. Since the stop-work order, his administration has withdrawn grants for offshore wind-related infrastructure projects and signaled in legal proceedings that it intends to revoke permits for numerous projects approved under then-President Joe Biden.

The Interior Department last month ordered the halt to construction of the massive Revolution Wind project off the coasts of Rhode Island and Connecticut until the Bureau of Ocean Energy Management could assess the national security risks and concern about its interference with reasonable uses of the surrounding waters.

State and federal officials, labor unions and clean energy advocates have pounced on the decision, arguing it will have a chilling effect on investments across the country while also costing the region some 1,000 union jobs. ISO New England, the region's power grid operator, also warned that delaying the project "will increase risks" to reliability.

The filing from the Revolution Wind project on Thursday noted that the Defense Department had previously cleared the project to proceed.

Revolution Wind — which is 80 percent complete — received federal and state permits in 2023 and had been expected to begin operations next year. Its 65 turbines would have a production capacity of 704 megawatts, which could provide clean energy to power more than 350,000 homes in Connecticut and Rhode Island.

"Now, with zero justification, Trump wants to mothball the project, send workers home, and saddle Connecticut families with millions of dollars in higher energy costs," Tong said in a statement. "This kind of erratic and reckless governing is blatantly illegal, and we’re suing to stop it."

The Revolution Wind filing said that if unabated, the stop-work order "will inflict devastating and irreparable harm" on Revolution Wind, which has already spent or committed about $5 billion on the project and will incur more than $1 billion in costs if the project is canceled.

A person close to the decision to sue the administration said Thursday that the "important" legal step is part of a multitrack approach, but noted that conversations with stakeholders, including at state and federal levels, continue to seek a resolution.

Taylor Rogers, a White House spokesperson, responded that offshore wind projects were given "unfair, preferential treatment" under Biden, while the rest of the energy industry was "hindered by burdensome regulations."

Trump's Day One executive order, she said, instructed agencies to review leases and permitting practices for wind projects with consideration for the country’s growing energy demands and effects on energy costs, marine life, ocean currents and wind patterns. "President Trump has ended Joe Biden’s war on American energy and unleashed America’s energy dominance to protect our economic and national security," Rogers added.

The Interior Department said Thursday that it does not comment on litigation.