Attached is the supplemental complaint in the lawsuit Revolution Wind, LLC v. United States Department of the Interior, Case No. 1:25-cv-02999-RCL, filed in the U.S. District Court for the District of Columbia.
The December 28 court ruling is consistent with the Department of the Interior’s position that the TRO request be converted to a request for a preliminary injunction. Interior had argued that a preliminary injunction motion could likely be resolved by mid-to-late-January.
The Government also asserted that more time is needed to submit the classified information that is central to the dispute.
Thoughts on this case: A respected colleague recalled this advice from Don Hodel, a widely admired Secretary of the Interior during the Reagan administration: “For all its faults, a contract is a contract, great men and great nations keep their word.”
Another colleague reminded me of the offshore North Carolina oil and gas leases that were suspended in the 1990s. The companies sued the Federal government for breach of contract, and the U.S. Supreme Court ruled 8-1 on June 26, 2000, in Mobil Oil Exploration & Producing Southeast Inc. v. United States, that the government must repay the lessees.
If the suspended Atlantic wind leases are cancelled, the govt would presumably have to compensate lessees for lease purchase and development expenditures. The costs to the Federal govt would be enormous – in the tens of $billions.
Summary: “BOEM’s order sets forth no rational basis, cannot be reconciled with BOEM’s own regulations and prior issued lease terms and approvals, is arbitrary and capricious, is procedurally deficient, violates the Outer Continental Shelf Lands Act (“OCSLA”), and infringes upon constitutional principles that limit actions by the Executive Branch. This Court must therefore vacate the Order and enjoin BOEM from taking further action with respect to that Order.”
Key points raised by Dominion:
Dominion Energy Virginia (DEV) has spent approximately $8.9 billion to develop CVOW to date, which is over two-thirds of the total projected cost of $11.2 billion.
BOEM and Interior afforded DEV no advance warning or due process regarding the Order for CVOW.
The Order alleges no CVOW violation or deficiency.
The Order points to unnamed “national security threats” based on a November 2025 “additional assessment regarding the national security implications of offshore wind projects” by DoD, “including the rapid evolution of relevant adversary technologies and the resulting direct impacts to national security from offshore wind projects” generally.
The Order deems this information “new” and “classified” without any justification or detail. Moreover, as BOEM and DoD should know, certain DEV officials have security clearances to receive and review classified information, yet never were afforded such an opportunity prior to issuance of the Order.
DEV is suffering more than $5 million per day in losses solely for costs relating to vessel services associated with the Order. DEV is also incurring losses related to additional storage costs for the significant amount of equipment, idle workforce, contractual penalties, and additional costs.
Agencies are required to consider costs and benefits in their decision-making
Agencies are required to consider alternatives in their decision-making.
The CVOW Order unlawfully deprives DEV of a property interest without due process.
Dominion’s weakest argument follows (bad State legislation shouldn’t dictate Federal energy policy):
CVOW is critical to Virginia’s legislative clean energy directive and DEV’s commitment to achieving net-zero emissions. The VCEA requires the transition of Virginia’s electric grid to 100 percent non-carbon producing energy generation by 2045. Va. Code § 56-585.5. The VCEA also states that the construction of Virginia offshore wind facilities is in the public interest. Va. Code § 56-585.1:11 (C)(1).
Coastal Virginia Offshore Wind (CVOW) is no ordinary renewable project. It was created by legislative command. The 2020 Virginia Clean Economy Act (VCEA) declared Dominion’s 2.6-gigawatt wind farm “in the public interest,” effectively tying the hands of the State Corporation Commission and guaranteeing Dominion full cost recovery and profit. The risk doesn’t sit with shareholders — it sits with Virginia’s ratepayers.
The Thomas Jefferson Institute opposed that structure from the start. We warned that forcing captive customers to underwrite an unproven, high-cost project located in a hurricane prone region would expose Virginians to escalating bills with little accountability. Yet when a group recently asked the federal government to shut CVOW down, we declined to join. Why? Because government shouldn’t pick winners and losers — not when it mandates projects, and not when it stops them. Especially when a project is in its final stretch and no economic analysis of such a decision has been completed (or shared).Â
Virginia’s offshore wind story shows how risky it is when government drives energy decisions by decree. One administration mandates a massive buildout; the next halts it over security fears. Businesses can’t plan around that. Ratepayers shouldn’t have to pay for it.
🚨BREAKING: Sec. @DougBurgum announces he will PAUSE leases for ALL large-scale offshore Wind projects immediately.
"Today we're sending notifications to the five large offshore wind projects that are under construction, that their leases are being suspended due to national… pic.twitter.com/lFPyMscALr
The attached Memorandum of Understanding between Vineyard Wind (VW) and the Town of Nantucket is long on bureaucratic procedures and short on risk mitigation and penalties.
The agreement details requirements for monthly reports, liaisons, written correspondence, plan reviews, and participation on incident management teams, but excludes any monetary penalties for past or future incidents. (With regard to penalties, should BSEE have assessed civil penalties for the 2024 turbine incident in accordance with 30 CFR § 285.400 (f)? This was a major pollution event.)
This MOU provision gives the impression that the Town is subordinate to VW:
“The Town will provide Vineyard Wind 1 up to 4 business days, if required, to identify and correct errors in the Town’s intended public communications about the Project.”
The responsible party should not be exercising oversight over the communications of an affected local government. Can you imagine Santa Barbara County reaching such an agreement with Sable Offshore?
Finally, the MOU further establishes the Town as a de facto partner in the project. VW, not the Town, is the responsible party and must be held fully accountable for project performance.
Judge Patti Saris vacated part 2 of Trump’s 1/20/2025 “Wind Memo.”Part 1, which withdrew all OCS lands from wind leasing, was not in dispute. Part 2 suspended issuing wind energy permits and other authorizations.
The judge ruled (full order attached) that the suspension of wind permitting violates Administrative Procedures Act provisions requiring agencies “to proceed within a reasonable time and to set and complete proceedings expeditiously.”
She concluded further that “the moratorium halts all wind energy authorizations indefinitely, pending a comprehensive assessment with no timeline, which is inconsistent with statutory deadlines and general commands for prompt processing in laws like OCSLA, the Clean Water Act, and others governing wind projects.”
Although the judge’s assessment of the permitting moratorium seems sound, the merits of offshore wind as a primary energy source remain very much in doubt.