The Legal Challenges of Offshore Wind Projects Under the Trump Era

Donald Trump's executive order on offshore wind energy could complicate already approved projects, paving the way for legal challenges and ongoing permit revisions.

Share:

Comprehensive energy news coverage, updated nonstop

Annual subscription

8.25$/month*

*billed annually at 99$/year for the first year then 149,00$/year ​

Unlimited access • Archives included • Professional invoice

OTHER ACCESS OPTIONS

Monthly subscription

Unlimited access • Archives included

5.2$/month*
then 14.90$ per month thereafter

FREE ACCOUNT

3 articles offered per month

FREE

*Prices are excluding VAT, which may vary depending on your location or professional status

Since 2021: 35,000 articles • 150+ analyses per week

Offshore wind energy projects in the United States are facing significant legal uncertainties following the executive order signed by Donald Trump last January. The order aims to limit the expansion of offshore wind projects while giving the attorney general the power to intervene in ongoing legal matters. The consequences of this decision could harm already approved projects, creating a climate of uncertainty for developers.

An Order That Calls Into Question Ongoing Projects

The order stipulates that the U.S. attorney general may request courts to suspend or delay ongoing litigation related to offshore wind projects, while offering the possibility to reassess existing lease agreements. This decision comes at a time when several major projects, such as Orsted’s Revolution Wind, are currently under judicial review.

The existence of these projects, already approved by the previous administration, is now threatened by this new policy, which could slow down the enthusiasm for offshore renewable energy. Some analysts suggest that the Trump administration may not vigorously defend the projects approved by the Biden administration in court. S&P Global indicates that the impact could be particularly severe for projects already under construction, such as those by Dominion Energy and Vineyard Wind.

Legal Risks for Project Developers

Offshore wind developers must now navigate a more complex legal environment. For example, the South Fork Wind project by Dominion Energy is one of many projects facing legal challenges. If the executive order is used to reconsider already approved projects, companies risk having to restart lengthy and costly administrative procedures.

Opponents of offshore wind projects see this situation as an opportunity to increase legal recourse, hoping that Trump’s order will lend weight to their cause. An example of this is the town of Nantucket, which is considering a lawsuit against the SouthCoast Wind project for environmental reasons. Nantucket has expressed concerns about the risks related to technical failures, such as the one that occurred with Vineyard Wind, a project that has already faced delays.

Projects Under Pressure

The legal uncertainty created by the executive order could have significant repercussions for future developments in the offshore wind energy sector. While projects like Vineyard Wind 1 and 2 or New England Wind already have permits, the possibility of a permit review could lead to further delays in the approval of other projects. S&P Global highlights that investors will now need to incorporate this legal uncertainty into their financial projections, especially since permit revisions could take up to six months. These developments shed light on the legal fragility surrounding the future of offshore wind energy in the United States.

British operator Equitix has been selected to take over transmission assets of the Neart na Gaoithe offshore wind farm, a £450mn ($547mn) project awarded under Ofgem’s tenth tender round.
Energiequelle GmbH has launched replacement work for old turbines at its Minden-Hahlen site, aiming for long-term structural maintenance with the installation of three new 200-metre machines.
GE Vernova will equip the Ialomiţa wind farm with 42 turbines of 6.1 MW, strengthening its presence in the European onshore wind sector with a 252 MW project in partnership with Greenvolt.
Eversource Energy posts a one-time $75mn charge linked to unforeseen costs in the Revolution Wind project, while tightening its 2025 earnings forecast.
Eight local associations in Normandy and Hauts-de-France will receive a total of €120,000, financed by revenues from three RWE wind farms, to support public-impact projects in 2025.
CWP Europe formalised two major projects in Albania and Montenegro with backing from the European Commission, reinforcing the Balkans’ integration into the European energy market.
Elawan Energy secured two wind power projects totalling 92MW in Romania through a long-term public contract, strengthening its presence in the region with operations scheduled to begin in 2028.
A study conducted in the Gulf of Lion highlights the risk of collisions between migratory birds and floating wind turbine blades, as the region prepares to host 19 additional turbines by 2031.
Taaleri Energia’s SolarWind III Fund partners with Lords LB Asset Management to develop a 112 MW onshore wind project in Smiltene, scheduled for commissioning in early 2027.
The Dinawan Wind Farm project, first phase of a 1.3 GW energy hub, was selected in the fourth tender round of the Capacity Investment Scheme launched by the Australian Government.
RWE has completed construction of the Kail wind farm, comprising three turbines totalling 12.9 MW, marking its first commissioning in Rhineland-Palatinate.
Ignitis Group has officially submitted its bid to develop a 700 MW offshore wind project in the Baltic Sea, under a Lithuanian state-supported tender scheme.
Ignitis Renewables acquires the remaining stake from Ocean Winds in the Curonian Nord project, securing full ownership of this strategic development in the Baltic Sea.
Chinese manufacturer Ming Yang plans to build the UK’s largest wind turbine facility in Ardersier, with an initial £750mn investment and up to 1,500 jobs created by 2028.
German wind turbine manufacturer Nordex secured 2,170 MW in new orders between July and September, bringing its total volume to 6.7 GW over nine months.
Faria Renewables a finalisé l’acquisition de deux projets éoliens d’une capacité cumulée de 30,8 MW, consolidant son portefeuille d’actifs en Grèce et poursuivant son expansion stratégique sur le marché national.
Google has signed a power purchase agreement with Eneco to supply its Belgian data centre with wind energy from three wind farms totalling 54 MW.
Italian group Dolomiti Energia secures €200mn loan from the European Investment Bank to finance wind farms and modernise power infrastructure in two strategic regions of the country.
Wpd launches a crowdfunding campaign to support the construction of the Bréhand wind farm, aiming to raise €400,000 from residents with a fixed annual interest rate of 7%.
Danish group Orsted will cut a quarter of its workforce by 2027 and reduce its exposure to the United States, relying on a $9.4 billion recapitalisation to consolidate its development in Europe and Asia.

All the latest energy news, all the time

Annual subscription

8.25$/month*

*billed annually at 99$/year for the first year then 149,00$/year ​

Unlimited access - Archives included - Pro invoice

Monthly subscription

Unlimited access • Archives included

5.2$/month*
then 14.90$ per month thereafter

*Prices shown are exclusive of VAT, which may vary according to your location or professional status.

Since 2021: 30,000 articles - +150 analyses/week.