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Justice Department Appeals Ruling Against Trump’s Offshore Wind Pause

The First Circuit appeal now puts the legality of the pause before appellate judges.

Overview

  • The Department of Justice filed an appeal to the U.S. Court of Appeals for the First Circuit after a district judge voided parts of President Trump’s day-one wind directive.
  • In December, Judge Patti Saris ruled the permitting pause unlawful and vacated Section 2, citing concrete economic harms to states such as Massachusetts.
  • Section 1, which halts new offshore wind leasing, remains in effect, leaving leasing activity on hold despite the ruling on permits.
  • Separate federal injunctions have allowed several East Coast projects to keep building, including Dominion Energy’s Coastal Virginia Offshore Wind and Vineyard Wind 1.
  • The administration frames the pause as a temporary review focused on security and reliability, while plaintiff states and environmental groups cite threats to investment, jobs, and tax revenue; the First Circuit will now set a briefing schedule.