MARYLAND -A federal judge has denied US Wind’s request for a preliminary injunction, ruling that the offshore wind developer failed to show that the federal government has taken a final agency action that would justify court intervention at this stage.
In a decision issued in U.S. District Court of Maryland, Judge Stephanie Gallagher found that US Wind’s concerns about potential future actions by the Bureau of Ocean Energy Management, including a possible revocation of its Construction and Operations Plan, are speculative and not yet ripe for judicial review. The court emphasized that US Wind has not been denied any specific service nor subjected to any legal consequence that would prevent it from continuing its project.
“US Wind may continue to develop the project under the approved COP that remains in force,” Judge Gallagher wrote, noting that the company’s decision to pause further investment reflects a business judgment rather than a legal requirement imposed by the government.
The ruling compares US Wind’s situation to prior cases in which courts declined to intervene until an agency made a definitive decision with real legal consequences. The judge acknowledged the financial risks US Wind faces by continuing to invest amid regulatory uncertainty, but said such circumstances are not unusual and do not amount to a legally cognizable hardship.
US Wind argued that statements and internal agency interpretations suggested BOEM had effectively decided to revoke or undermine its approved plan. The court rejected that claim, concluding that no such decision has “become fixed” and that additional agency action would still be required before any revocation or denial could occur.
The judge also distinguished the case from others cited by US Wind, including disputes where courts found agency actions were final because they immediately altered legal rights or obligations. In contrast, the ruling states, BOEM has not forced US Wind to change its conduct or exposed it to legal liability. It is a different case from the one that received a ruling earlier in December involving a lawsuit filed by 18 state attorneys general including Delaware's Kathy Jennings and Maryland's Anthony Brown.
Because the court determined there was no final agency action, it concluded that US Wind failed to show a likelihood of success on the merits of its claims. As a result, the motion for a preliminary injunction was denied without prejudice, leaving open the possibility that US Wind could renew its request if BOEM takes a definitive action in the future.