Ocean Winds to Consider Next Steps as US Court Rules BOEM Can Reevaluate SouthCoast Wind Approval

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A US federal judge has ruled in favour of the motion filed by the Department of Justice (DOJ) and Bureau of Ocean Energy Management (BOEM) in an ongoing case in Massachusetts, which requested that the case be paused as they will voluntarily remand the approval given to the SouthCoast Wind project earlier, so it could be reconsidered.

In a statement to offshoreWIND.biz , Ocean Winds, the developer of the 2.4 GW offshore wind project, said it was assessing the implications of the decision and will consider appropriate next steps.

The motion was filed and granted as part of the case in which the Town of Nantucket sued the Department of the Interior (DOI) and BOEM over approving the project. Since a U-turn has now been taken on the decision to issue the SouthCoast Wind approval by the same agencies following the administration change, the move is in line with what the Town of Nantucket asked through its lawsuit, so that proceeding is now paused.

“In compliance with a new presidential directive requiring a second look at all wind energy projects, BOEM intends to reconsider the very permitting decision about which Plaintiff complains. The agency now asserts that its Environmental Impact Statement may have ‘understated or obfuscated impacts that could have subsequently been improperly weighed,’ resulting in possible noncompliance with OCSLA”, the court ruling states.

Following its review of the approval given to the SouthCoast Wind project, BOEM will issue a new decision either to approve, disapprove, or approve with conditions, according to the agency.

The Town of Nantucket welcomed the court’s decision, saying that the ruling affirms its position on the federal government’s scrutiny before making offshore wind permitting decisions.