Wind

Nantucket files suit against Ocean Winds' SouthCoast in latest US offshore wind challenge

Litigation against the sector is turbocharged by Trump's order empowering Justice Department to stand down on project defence

Lighthouse on Nantucket, Massachusetts
Lighthouse on Nantucket, MassachusettsPhoto: Maria Gilbert/Flickr
US Offshore Wind Editor, Recharge

The Massachusetts island town of Nantucket has joined multiple US offshore wind opponents in renewed federal litigation to stop development with an appeal to void SouthCoast Wind’s permits.

SouthCoast, owned by Engie-EDPR joint venture Ocean Winds, is under development in the Massachusetts and Rhode Island wind energy area (WEA) 23 miles (37 km) off Nantucket’s shores.

The project was awarded 1GW of offtake by Massachusetts and 200MW by Rhode Island last September, although final contracts have been delayed until the end of this month.

The town alleges that lead US regulator Bureau of Ocean Energy Management (BOEM) violated federal law by failing to address harm to the town’s tourism-driven economy before greenlighting the project.

“Despite our repeated attempts to help BOEM and the developer find balance between the nation’s renewable energy goals and the protection of what makes us unique, they have refused to work with us and to follow the law,” said Town Select board chair Brooke Mohr.

“We are taking action to hold them accountable. Our community should not bear the consequences of their poor planning.”

The appeal filed today in US District Court for the District of Columbia alleges BOEM violated the National Historic Preservation Act and the National Environmental Policy Act in its SouthCoast approval.

Litigation against major infrastructure projects is nothing new in the US, and multiple challenges to offshore wind arrays have already been successfully defended by the Department of Justice (DoJ).

Trump’s executive order (EO) on wind power has weighted the legal scales against the industry, however.

Good to his promise, President Donald Trump started his administration with an EO banning new leasing and permitting while placing approved arrays under review with an eye towards termination or modification.
Trump’s EO also empowers the DoJ to “stay the litigation or otherwise delay further litigation, or seek other appropriate relief consistent with this order,” that could potentially stop even existing arrays.
This is the second group to file a challenge in federal court to pull offshore wind project permits following New Jersey-based Save Long Beach Island (SLBI)’s successful bid to stop EDF’s 1.5GW Atlantic Shores array.
Earlier this month, the Environmental Protection Agency (EPA) agreed to remand Atlantic Shores’ Clean Air permit until the administration had completed its review, demonstrating Trump “intends to halt at least some projects,” said Timothy Fox, managing director at consultancy ClearView Energy Partners.

“The question is, which ones are most at risk?” he added.

Nantucket-based civic group ACK for Whales followed SLBI’s example by filing a petition to pull Iberdrola-controlled Avangrid’s New England Wind array’s EPA Clean Air permit.

New England Wind is also located in the Massachusetts and Rhode Island WEA, alongside US flagship Vineyard Wind and Orsted’s Revolution and South Fork arrays.

All of these projects face litigation.

(Copyright)

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Published 27 March 2025, 21:03Updated 27 March 2025, 21:03
AmericasUSOcean WindsSouthCoast Wind