Trump Administration Files Appeal Against Court Ruling in Multi-State Offshore Wind Lawsuit

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The US Department of Justice, Environment & Natural Resources Division, filed a Notice of Appeal on 17 February in the case in which a federal judge ruled in favour of 18 states that sued the Trump administration over the sweeping ban on wind energy projects.

In May 2025, seventeen US states and the District of Columbia filed a lawsuit against the Presidential Memorandum issued on 20 January (“Wind Order”), warning that the policy could seriously damage the wind industry and hinder progress on renewable energy.

In December 2025, United States District Judge of the District Court for the District of Massachusetts, Patti B. Saris, ruled in favour of the plaintiffs, declaring section two of the “Wind Order” unlawful, and vacated the order “in its entirety” . Section one of the order, which paused all wind energy leasing activities by federal agencies, remained in effect.

The summary judgment was made on 8 December, with the final judgment in the case filed on 18 December last year.

To remind, the 20 January Presidential Memorandum indefinitely halts all leasing on the US Outer Continental Shelf (OCS), and all federal approvals necessary for the development of onshore and offshore wind energy projects.

According to Section 1 of the order, the withdrawal of the OCS areas does not apply to leasing related to other purposes, including oil, gas, minerals, and environmental conservation, and it does not affect rights under existing leases in the withdrawn areas. Section 2 discontinues the issuance of new or renewed approvals, rights of way, permits, leases, or loans for onshore and offshore wind projects until “a comprehensive assessment and review of Federal wind leasing and permitting practices” is completed.