Ocean Winds to Consider Next Steps as US Court Rules BOEM Can Reevaluate SouthCoast Wind Approval

A US federal judge has ruled in favour of the motion filed by the Department of Justice (DOJ) and Bureau of Ocean Energy Management (BOEM) in an ongoing case in Massachusetts, which requested that the case be paused as they will voluntarily remand the approval given to the SouthCoast Wind project earlier, so it could be reconsidered.

In a statement to offshoreWIND.biz, Ocean Winds, the developer of the 2.4 GW offshore wind project, said it was assessing the implications of the decision and will consider appropriate next steps.

The motion was filed and granted as part of the case in which the Town of Nantucket sued the Department of the Interior (DOI) and BOEM over approving the project. Since a U-turn has now been taken on the decision to issue the SouthCoast Wind approval by the same agencies following the administration change, the move is in line with what the Town of Nantucket asked through its lawsuit, so that proceeding is now paused.

“In compliance with a new presidential directive requiring a second look at all wind energy projects, BOEM intends to reconsider the very permitting decision about which Plaintiff complains. The agency now asserts that its Environmental Impact Statement may have ‘understated or obfuscated impacts that could have subsequently been improperly weighed,’ resulting in possible noncompliance with OCSLA”, the court ruling states.

Following its review of the approval given to the SouthCoast Wind project, BOEM will issue a new decision either to approve, disapprove, or approve with conditions, according to the agency.

The Town of Nantucket welcomed the court’s decision, saying that the ruling affirms its position on the federal government’s scrutiny before making offshore wind permitting decisions.

“The Town of Nantucket is grateful for yesterday’s decision by the U.S. District Court granting the Department of Justice’s (DOJ) motion to remand and stay our lawsuit regarding the SouthCoast Wind project”, the Town of Nantucket said in a statement. “The Court’s ruling affirms the Town’s long-standing position that the federal government must take a hard look at potential flaws in the environmental and cultural analysis underpinning offshore wind permitting decisions.”

In its ruling on the motion to remand, the US District Judge, Tanya S. Chutkan, also noted that she is “not convinced” that the SouthCoast Wind developer “is likely to suffer immediate and significant hardship” as a consequence of the remand, so the court granted the DOJ’s request.

For Ocean Winds, which received the BOEM approval of the Construction and Operations Plan (COP) for the SouthCoast Wind offshore wind project in January this year, the court’s decision came as a disappointment and put the company to work on assessing the situation to consider its next steps.

“SouthCoast Wind expresses serious concern regarding the decision taken on November 4th, allowing the remand of its legally approved Construction and Operations Plan. While we are disappointed by this outcome, we remain committed to the rigorous standards that have guided the development of this project, including a comprehensive four-year process conducted under the National Environmental Policy Act (NEPA)”, said Michael Brown, Country Manager North America, for Ocean Winds.

“Since acquiring the lease during the first Trump administration, SouthCoast Wind has invested over $600 million in responsible development and permitting activities, including lease fee payments to the Federal Government.”

Brown added that Ocean Winds continues to believe in the value that the 2.4 GW project brings to the region, from providing domestic energy to more than one million New England homes to supporting thousands of well-paying union jobs. 

“We are currently assessing the implications of the decision and will consider all appropriate next steps, including the pursuit of legal remedies, to ensure the project’s integrity and its long-term contribution to regional and national energy goals”, said Michael Brown.

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