Filed Date: Sept. 4, 2025
Case Ongoing
Clearinghouse coding complete
This case challenges implementation of a Presidential Memorandum that halted all wind energy development within the Outer Continental Shelf without the proper procedural mechanisms. President Trump released the Memorandum, “Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects”, on the first day of his Administration, Jan. 20, 2025.
On September 4, 2025, Revolution Wind, LLC –the developer of an offshore wind project off Rhode Island and Connecticut – filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the Department of the Interior, along with the Bureau of Ocean Energy Management (BOEM), the Bureau of Safety and Environmental Enforcement (BSEE), and their leadership in official capacities for exceeding their statutory authority under the Outer Continental Shelf Act, 43 U.S.C. § 1337(p)(4), and its implementation regulations, 30 C.F.R. § 585.102(a). Represented by Latham & Watkins, the plaintiff sought declaratory and injunctive relief.
Weeks prior, acting to implement the Jan. 20 Memorandum, BOEM issued a stop work order to the plaintiff, to halt construction on the Revolution Wind project, citing national security concerns but no legal violation by the company. By this point, Revolution Wind was 80% complete with the project and invested at total of $5 billion.
Revolution Wind challenged this order on three grounds. First, it alleged, the stop work order violated Administrative Procedural Act (“APA”) because the decision was arbitrary and capricious. Second, the administration’s failure to provide an opportunity for a notice and hearing deprived the plaintiff of their property, in violation of due process rights under the Fifth Amendment. Third, BOEM lacked the authority to halt activities on a fully approved project without sufficient reasoning, so the stop-work order violated the Outer Continental Shelf Lands Act.
Plaintiff sought declaratory judgment and vacatur of the stop work order. It claimed that delayed relief would lead to irreparable harm because it was losing $2 million per day. As a result, at a certain point, the delay could lead the entire project to be cancelled. The plaintiff alleged that the balance of harms weighed in their favor because they were seeking to preserve the status quo, the effects on the community and the plaintiff’s economic interests. This case was assigned to District Judge Royce C. Lamberth. On September 12, 2025, Green Oceans, a non-profit corporation composed of citizens dedicated to combating climate change, filed a motion to intervene. The plaintiff opposed the motion.
On September 22, 2025, the court granted Revolution Wind's motion for a stay pending review and a preliminary injunction. In effect, the government was enjoined from enforcing the Stop Work Order. The government has as much as 60 days to appeal.
This case is ongoing.
Summary Authors
Zainab Mustafa (9/15/2025)
Green Oceans v. U.S. Department of the Interior, District of District of Columbia (2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71266768/parties/revolution-wind-llc-v-burgum/
Lamberth, Royce C. (District of Columbia)
Martinez, Roman (District of Columbia)
Jr, Peter Martin (District of Columbia)
Marzulla, Roger Joseph (District of Columbia)
Demree, Jacob James (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/71266768/revolution-wind-llc-v-burgum/
Docket sheet not available via the Clearinghouse.State / Territory:
Case Type(s):
Public Accommodations/Contracting
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Key Dates
Filing Date: Sept. 4, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Plaintiff Revolution Wind is an offshore wind energy company engaged in the construction of a 704-megawatt (“MW”) offshore wind farm located on the Outer Continental Shelf, in federal waters in the Atlantic Ocean 15 miles east of Block Island, Rhode Island, and approximately 15.7 miles from Newport, Rhode Island.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
United States Department of the Interior (District of Columbia), Federal
Bureau of Safety and Environmental Enforcement (District of Columbia), Federal
Bureau of Ocean Energy Management (District of Columbia), Federal
Facility Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Constitutional Clause(s):
Due Process: Procedural Due Process
Other Dockets:
District of District of Columbia 1:25-cv-02999
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Reinstatement (job, contract, grant, etc.)
Issues
General/Misc.: