Revolution Wind Is Barking Up the Wrong Tree

There has been a flurry of activity surrounding the Revolution Wind project off of Rhode Island over the past month.

On August 22, 2025, the Bureau of Ocean Energy Management (BOEM) issued a stop work order to Ørsted, the project developer, citing "concerns over permitting and national security issues." Ørsted responded shortly thereafter with two lawsuits: one filed against BOEM in the U.S. District Court for Rhode Island and another in the U.S. District Court for the District of Columbia.

Both lawsuits requested a preliminary injunction against BOEM and relied on alleged violations of the Administrative Procedure Act (APA). The APA prohibits federal agencies from issuing regulations that are "arbitrary, capricious, or otherwise not in accordance with law."

On September 22, 2025, the D.C. District Court issued an opinion agreeing with Ørsted that the government's actions were "arbitrary and capricious" under the APA and granted Ørsted a preliminary injunction, staying the stop work order.