Appellate Ruling Revives Pending US Offshore Wind Permit Approvals
In-house counsel for U.S. offshore wind developers, utility off-takers, and project financiers must track this ruling, as it reopens the approval pathway for stalled multi-billion dollar projects previously blocked on environmental review grounds.
The U.S. Court of Appeals for the D.C. Circuit issued a ruling in the Atlantic Shores offshore wind case that vacated prior lower-court blocks on final federal permits for the project and other pending U.S. offshore wind developments. The decision reverses earlier findings that federal environmental reviews for the projects violated the National Environmental Policy Act, clearing the way for the Bureau of Ocean Energy Management to issue final construction and operation permits for stalled projects. In-house counsel for affected developers, off-takers, and financiers should review pending permit applications for alignment with the ruling’s reasoning, update project timelines to reflect the revived approval process, and prepare for potential new legal challenges from coastal stakeholder groups.