As recently reported, on May 19, 2025, the U.S. Department of the Interior reversed the stop work order it issued on April 16, 2025, thereby allowing the $5 billion, 2 GW, Empire Wind project to proceed. On June 3, 2025, a coalition of Empire Wind opponents sued the Trump administration in federal court in New Jersey, claiming the reversal of the stop work order was unjustified. The plaintiffs assert that the bases for the original stop work order were clearly articulated in the administration’s January 20, 2025, executive order, which halted all offshore wind development pending an investigation and review of all related federal permits by the Secretary of the Interior. The plaintiffs claim that the May 19 reinstatement order, allowing Empire Wind to proceed, was issued without explanation or factual basis, in contravention of the Administrative Procedures Act (APA). Specifically, they allege that the reinstatement order makes no reference to the results of the “investigation” required by the original stop work order.

In light of the administration’s sudden reversal of a stated policy position, it comes as no surprise that proponents of the original policy are aggrieved. When the reversal comes with no justification or reasoned basis, as plaintiffs allege, the court will need to decide whether it runs afoul of procedures mandated by the APA.