Dominion’s suit challenging the Coastal Virginia Offshore Wind suspension order is attached.
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.
- BOEM’s Order comprises a single page, identifies no specific concerns, and provides no supporting documentation.
- 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).
Bud's Offshore Energy (BOE) 