DOJ Seeks Judicial Review of Maryland Offshore Wind Project

The U.S. Department of Justice asked a federal court in Maryland to remand the approval of the Construction and Operations Plan (COP) for the Maryland Offshore Wind project to the Department of the Interior for additional review. This marks the second time in a matter of days that the administration has resorted to this legal tactic to stall offshore wind energy development in the country.

The project, developed by US Wind, originated from a 2014 lease auction and combined two leases into a single plan in 2018, beginning the review process in 2020. The Bureau of Ocean Energy Management (BOEM) and the Department of the Interior granted final approval on December 3, 2024, covering up to 114 wind turbines, four offshore substations, four export cables and a 100-meter meteorological tower, with a potential capacity of 1.8 GW.

The plan faces eight lawsuits against the Department of the Interior and another eight against US Wind, of which the court has already dismissed three counts related to the Administrative Procedure Act, the impact on migratory birds and the Coastal Zone Management Act, while four remain pending. In its filing, the Department of Justice called a claim against NOAA Fisheries over the impact on marine mammals clearly inaccurate, but at the same time asked for a review of compliance with the Outer Continental Shelf Lands Act, citing potential major adverse impacts on the North Atlantic right whale, scenic and visual resources, commercial fishing and scientific research.

This move adds to a series of similar attempts by the government: days earlier it had requested the same remand for the Revolution Wind project, off Rhode Island, which has already completed installation and is in the final commissioning stage, and which according to a Brazilian outlet was valued at $6.2 billion. Shortly after, the Department of Justice repeated the request for the fourth time in a matter of days, this time against New England Wind, off Massachusetts, and also against the Atlantic Shores project, in New Jersey.

Since taking office in 2025, the Trump administration has combined permit reviews, stop-work orders and lease buybacks in exchange for companies investing in various fossil fuel projects. Several states have filed lawsuits challenging the legality of these buybacks, while courts had already ruled against the stop-work orders and the indefinite review of the approval process.