Wind

Huge US offshore wind array receives boost in new court ruling

A suit against Dominion Energy's 2.6GW array off Virginia already 60% complete indicates the Trump Administration's bifurcated approach to sector development

Transition pieces awaiting installation for Dominion Energy's CVOW array at Portsmouth Marine Terminal
Transition pieces awaiting installation for Dominion Energy's CVOW array at Portsmouth Marine TerminalPhoto: Dominion Energy
US Offshore Wind Editor, Recharge
The Trump Administration's agreement for a further stay in litigation against Dominion Energy’s nation-leading 2.6GW Coastal Virginia Offshore Wind (CVOW) array in construction indicates its willingness to allow advanced projects to continue despite his vow to crush the industry, analysts told Recharge.
Conservative groups Committee for a Constructive Future (CFACT) and the Heartland Institute filed the suit against federal approval of the mammoth array in November 2023, claiming regulators failed to properly assess the environmental impacts of the project some 27 miles (43 km) off Virginia Beach.
The suit, one of at least ten against US offshore wind projects, sparked concern earlier this year when Trump’s Department of Justice (DoJ), the government branch charged with defending it from litigation, issued several joint motions with plaintiffs, citing the President’s anti-sector order.

Trump’s memorandum freezing offshore wind leasing and permitting included provisions that allowed the DoJ to settle litigation in line with the broader intent to kill offshore wind.

This latest ruling by judge Loren Alikhan of the federal District Court for the District of Columbia in Washington, DC, also on a joint motion, stays the case “until further notice”.

“It is further ORDERED that, on or before 19 September, 2025, the parties shall file a joint status report advising the court whether the parties wish to proceed with this matter,” the judge wrote.

Paulina Prasad, associate with consultancy ClearView Energy Partners, is optimistic the project will prevail, regardless of what plaintiffs decide to do in September.

“We think the Biden Administration anticipated legal challenges and sought to complete environmental review and issue permits that could withstand judicial scrutiny, therefore we maintain our long-held view that petitioners face an uphill climb in the lawsuit,” she told Recharge.

Prasad added that despite Trump’s criticism of the sector, “CVOW’s advanced stage of development likely helps the project.”

In March, Department of Interior secretary Doug Burgum, who oversees offshore wind development through the Bureau of Ocean Energy Management, said “existing [projects] will receive different treatment than those that are proposed.”

The $10.8bn CVOW array received its record of decision from federal regulators in the administration of former President Joe Biden in October 2023 and began construction in May last year.

Dominion Energy confirmed that as of 24 June, CVOW is 58% complete, with 108 out of 176 monopiles installed as well as 59 transition pieces.

Towers, nacelles and blades for the 14MW Siemens Gamesa turbines have arrived at Portsmouth Marine Terminal for installation later this year by the nation’s first – and only – wind turbine installation vessel, the Charybdis.
The $720m vessel built by Seatrium in Texas is undergoing sea trials and is expected to be delivered by the end of the summer.

Dominion Energy has declined to comment on pending litigation.

Paul Kamenar, legal counsel to the National Legal and Policy Centre, which is also a plaintiff in the case, vowed they would continue the fight.

“Plaintiffs are continuing to work with agency officials to halt the project in light of President Trump's Executive Order,” he told Recharge. He cited not only potential impacts on endangered species such as the North Atlantic right whale, but also “objections by the Defence Department that were not considered,” he said.

H. Sterling Burnett, director of Heartland’s climate and environmental policy told local media: “I think our best hope is that the Trump Administration steps in and says, ‘You know what? We've decided that the Bureau of Ocean Energy Management issued these permits wrongly.’”

(Copyright)

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Published 26 June 2025, 16:47Updated 26 June 2025, 19:42
AmericasUSDominion EnergyCVOW