The US Department of Justice (DOJ) has requested a federal court to return the federal approval of the New England Wind offshore wind project to the Bureau of Ocean Energy Management (BOEM) for further review, according to a filing submitted on December 2 in the US District Court for the District of Columbia.
In the filing, the DOJ, representing Federal Defendants in a lawsuit initiated by Ack for Whales, notes that BOEM is reconsidering its July 2024 approval of the project’s Construction and Operations Plan (COP).
BOEM indicates the previous decision “may have failed to account for all the impacts” as required under subsection 8(p)(4) of the Outer Continental Shelf Lands Act and that the record materials “may have understated impacts” considered in the approval. The agency plans to issue a new COP decision after re-evaluation.
The motion refers to several directives, including a January 2025 Presidential Memorandum for a federal review of offshore wind leasing and permitting, the May 2025 withdrawal of the Anderson legal opinion, and a July 2025 Secretary of the Interior order for reconsidering wind project approvals.
Federal Defendants argue that a voluntary remand would prevent unnecessary litigation with Ack for Whales over an approval that is already under review. The DOJ has requested that the court pause the case during BOEM’s reconsideration. The organization that started the lawsuit does not oppose the motion, but the project developers will contest it.
The DOJ highlights that construction of New England Wind is not active or imminent, with no offshore construction scheduled before the second quarter of 2026.
The US government had earlier stated its intention to seek a remand and vacatur for the New England Wind project, and the new filing follows through on that plan.
Avangrid’s offshore wind farm filing comes soon after the Trump administration’s motion to remand and vacate the SouthCoast Wind project, which the court granted. The new filing in the New England Wind case refers to the SouthCoast ruling as a related precedent.
New England Wind is comprised of two phases with a combined capacity exceeding 2 GW. BOEM approved the project’s COP in July 2024, following a Record of Decision issued in April 2024.
Ack for Whales, along with several opposing organizations, filed a lawsuit in May 2025, challenging BOEM’s approval and authorizations under NEPA, ESA, MMPA, NHPA, and OCSLA.
BOEM states its re-evaluation could address some or all issues raised in the lawsuit and potentially moot the claims once the new agency action is issued.
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