Echoing recent rulings from the District Court for the District of Columbia, on January 16, 2026, the District Court for the Eastern District of Virginia granted Dominion Energy’s request for a preliminary injunction, lifting the Trump administration’s suspension of the Coastal Virginia Offshore Wind project. Earlier that same week, two other judges in same district
Environmental, Social, and Governance
Offshore Developers Wind Up Challenges To Latest Stop Work Orders
In response to the Trump administration’s latest suspension of offshore wind development, three of the five affected developers have filed lawsuits in federal court seeking to overturn the stop work orders: Dominion Energy on behalf of its Coastal Virginia Offshore Wind project; Ørsted on behalf of its Revolution Wind project; and Equinor on behalf of…
Just When You Thought It Was Safe To Go Back Into The Water – Trump Administration Halts Offshore Wind Projects
On December 22, citing security concerns, the U.S. Department of the Interior (DOI) announced that it was pausing leases for all offshore wind projects currently under construction. The stop-work order blocks further construction of Vineyard Wind 1, Revolution Wind, Coastal Virginia Offshore Wind, Sunrise Wind, and Empire Wind 1. All five projects had obtained leases…
Court Knocks the Wind out of Trump Administration’s Offshore Ban
On December 8, 2025, a Massachusetts federal court ruled that the Trump administration’s ban on permit application review for offshore and onshore wind projects was illegal. While the ruling will not necessarily result in the issuance of new permits, it lifts the moratorium on review and processing of applications. In May 2025, a coalition of…
EPA Proposes New Clean Water Act Definition of “Waters of the United States”
On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army published their proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). Following more than a decade of litigation and WOTUS “repeal and replace” rulemaking, the current administration promotes…
Revolution Wind Blasts Back
Following the Trump administration’s abrupt cancelation of the Revolution Wind project at the end of August, Revolution Wind LLC, a joint venture between Ørsted and Skyborn Renewables, filed suit in the U.S. District Court for the District of Columbia seeking to prevent enforcement of the stop work order. Revolution Wind contends that the order was…
Trump Administration Derails Revolution Wind as Court Fight over Federal Policy Wages On
On Friday, August 22, 2025, the Trump administration announced the cancellation of the Revolution Wind project located off the south coast of Rhode Island, east of Block Island. At the time of the stop work order, the project, based out of the State Pier in New London, Connecticut, was approximately 80% complete with foundations in…
“Once In, Always In” for Hazardous Air Pollutants: Back to the Grave
After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead.
On June 20, 2025, President Trump signed a Congressional Review Act (CRA) resolution that rejects a September 2024 rule adopted by the Biden EPA that had revived a…
Supreme Court Decision Limits the Opportunity for NEPA to Derail Projects
This post was co-authored by Summer Associate Alexandra Prendergast. Alexandra is not admitted to practice law.
The U.S. Supreme Court’s recent 8-0 ruling limited the scope of the National Environmental Policy Act (NEPA), the national environmental law that mandates federal agencies to assess the environmental effects of their proposed actions before making decisions. In the…
Project Opponents of Empire Wind Strike Back
As recently reported, on May 19, 2025, the U.S. Department of the Interior reversed the stop work order it issued on April 16, 2025, thereby allowing the $5 billion, 2 GW, Empire Wind project to proceed. On June 3, 2025, a coalition of Empire Wind opponents sued the Trump administration in federal court in…