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Trump Administration Asks Court to Send Back 2023 Approval of Nearly Finished Revolution Wind Farm

The Trump administration is asking a federal judge to send the approval of a nearly completed offshore wind farm back to the agency that issued it.
On Friday, Oct. 9, Justice Department attorneys representing the Interior Department filed a motion in U.S. District Court in Washington, D.C. They asked Judge Lamberth to remand Interior's 2023 approval of the construction and operations plan for Revolution Wind. The filing says remand is "warranted so that the agency can reevaluate its compliance with the Outer Continental Shelf Lands Act."
The filing also cites the project's "potential moderate to major adverse impacts to other uses" of the ocean area. It argues the court "need not reach Plaintiffs' other claims" if it grants the remand.
A project that is already running
Revolution Wind is a 704-megawatt, $6.2 billion project led by Danish developer Ørsted, about 15 nautical miles off Rhode Island. It is contracted to supply power to Connecticut and Rhode Island. Skyborn Renewables is Ørsted's investment partner.
The project began sending electricity to the New England grid in March. Its 65th and final turbine went up in September. Developers say it is on track to reach full output by the end of this year.
Send that approval back for review and you create uncertainty for a project that has cleared years of review and is almost finished. Ørsted declined to comment on the filing.
The lawsuit behind the filing
The motion was filed in a case brought in 2024 by Green Ocean, a group that opposes the project. The group sued Interior and Revolution Wind over the approvals. According to the filing as described by Maritime Executive, the government also asked the court to grant Green Ocean summary judgment on its claims against the National Marine Fisheries Service and the Army Corps of Engineers.
The filing says Interior's Bureau of Ocean Energy Management approved the plan after finding its preferred alternative was "expected to have major impacts on commercial fisheries and for-hire recreational fishing; cultural resources; other marine uses: scientific research and surveys; and visual resources."
The White House points to the origins of the case. Jarrod Agen, executive director of the National Energy Dominance Council, wrote on X: "This is an old lawsuit brought by the local community—who had serious concerns about this project—against the Biden Administration!"
Interior put out a similar message. "The Department of the Interior is complying with a briefing schedule, not announcing a policy change," the department said. "Our position has remained consistent throughout this administration and this filing should not be misconstrued as a shift in the Department's approach to offshore wind."
The filing itself, though, states that Interior "agrees that remand" is warranted. That is a position the department chose to take in the case.
Third legal fight over the same project
This is not the administration's first attempt to stop Revolution Wind. In August 2025, it sought to halt construction when the project was about 80 percent complete. Courts rejected that effort.
In December 2025, the administration included Revolution Wind in stop-work orders, citing a national security risk from potential radar interference. Courts rejected that order too, and construction resumed in January 2026.
The administration has also halted construction on other offshore wind farms and canceled leases for future projects, according to Canary Media's reporting.
Pressure on the permitting deal
The filing lands as Congress weighs bipartisan legislation to speed permitting for energy projects, including renewables and fossil fuels. Senate Democrats and Republicans announced a deal on the bill last month. Lawmakers are expected to take it up in the lame-duck session after the midterm elections.
When the deal was announced, Sen. Sheldon Whitehouse (D-R.I.) said one open issue was "the question of returning to regular order for wind and solar projects in the Trump administration." He called the administration's opening proposal "very reasonable" while saying the issue remained unresolved.
Whitehouse and Sen. Martin Heinrich (D-N.M.), key negotiators on the bill, said in a joint statement: "Frankly, we need to get permitting certainty in law, and this proves it. In the meantime, the administration needs to start showing good faith progress on wind permits."
Agen said the White House still backs the legislation. "The White House maintains support for PERMITTING REFORM! We look forward to the Senate voting on this historic legislation," he wrote.
The National Ocean Industries Association, which represents wind, oil and gas companies, also weighed in. Its president, Erik Milito, said: "Predictable regulatory processes and timely decisions are important for offshore energy development of all kinds." He added that the group recognizes "the federal government's responsibility to review projects and ensure compliance with applicable requirements." He urged Congress to vote on the legislation.
What comes next
The court has not ruled on the remand request. Revolution Wind is already delivering power, and its developers still expect full output by year's end.
Whether the filing affects the permitting bill is unclear. Whitehouse's "regular order" question for wind and solar projects remains unresolved, and any Senate vote is now expected only after the November midterms.
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