Blogs, Cases, Legal Analysis Published September 4, 2025

Rhode Island v. U.S. Department of Interior – Rule of Law (CT, RI)

Issue Areas
  • Rule of Law
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Summary

On Sept. 4, 2025, Connecticut and Rhode Island filed a complaint against the U.S. Department of the Interior and its agency the Bureau of Ocean Energy Management (BOEM) in the U.S. District Court for the District of Rhode Island to challenge a stop-work order issued by BOEM. The Aug. 22, 2025, order suspended work on Revolution Wind, an offshore wind energy project that is already 80% complete and scheduled to begin providing power to Rhode Island and Connecticut in 2026. The states argue that the stop-work order violates both the Outer Continental Shelf Lands Act (OCSLA), which governs federal leasing for offshore projects like Revolution Wind, and the Administrative Procedure Act (APA).

Lawyers from States United are serving as pro-bono counsel to the state of Rhode Island on the case.

The Revolution Wind project—located 15 nautical miles off Rhode Island’s shore, with landfall in North Kingstown—is designed to help Connecticut and Rhode Island meet its electricity needs and the project has gone through years of federal and state regulatory hurdles. The wind farm is a joint venture between Danish energy firm Ørsted and U.S. private equity firm Global Infrastructure Partners. In its Aug. 22 letter, BOEM halted the project abruptly and arbitrarily “without explanation, factual findings, or legal authority,” the states argue in the complaint.

Connecticut and Rhode Island allege that the government’s actions plainly violate federal law. BOEM not only violated the APA by taking immediate action without consulting stakeholders; the agency also suspended Revolution Wind’s lease operations outside of the process mandated by OCSLA. That law says that once a lease is granted, it can only be suspended to comply with a judicial decree, when necessary to prevent immediate harm or damage to life, or when necessary for national security or defense. The states argue in their complaint that the federal government has not identified any such condition justifying lease suspension. Instead, the stop-work letter from BOEM cites general “concerns” with the Revolution Wind project. Further, the states say the stop-work order threatens their ability to secure reliable and affordable electricity and puts jobs at risk.

This is the latest in a series of actions by the Trump administration that have ignored federal law and rolled back promises made to the states. These actions contradict the administration’s goal of increasing domestic energy production and are leading to economic hardships nationwide.

Latest update

On Sept. 4, Connecticut and Rhode Island filed their complaint in the U.S. District Court for the District of Rhode Island.

At a press conference before filing the complaint, Rhode Island Attorney General Peter Neronha criticized the Trump administration for halting the program unlawfully, saying the federal government is risking the energy and economic future of his state.

“This about Rhode Islanders, what Rhode Islanders need, what Rhode Islanders are relying on, what Rhode Islanders are counting on,” he said, adding, “What matters to me is whether the Trump administration has violated the law, whether Rhode Islanders have been harmed as a result.”

Now that the complaint has been filed, the court will docket the matter, and the federal government will be given time to respond. Plaintiffs may seek emergency relief before the court.

Ørsted has filed a separate complaint, arguing the Trump administration lacked the legal authority to suspend the project, which threatens billions in investments.

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