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

On Sept. 4, 2025, Connecticut and Rhode Island sued the U.S. Bureau of Ocean Energy Management (BOEM) and its parent agency, the U.S. Department of the Interior, in the U.S. District Court for the District of Rhode Island to challenge a stop-work order issued by BOEM. The order, issued on Aug. 22, 2025, suspended work on Revolution Wind, an offshore wind energy project that was already 80% complete and scheduled to begin providing power to thousands of homes in Connecticut and Rhode Island once complete.

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, is designed to help Connecticut and Rhode Island meet its electricity needs. The project went through years of federal and state regulatory procedures and testing. 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 argue that the stop-work order violated two federal laws: the Administrative Procedure Act (APA) and the Outer Continental Shelf Lands Act (OCSLA), which governs federal leasing for offshore projects like Revolution Wind. The states allege that the government’s immediate suspension of the project violated the process mandated by the OCSLA, and because key stakeholders were not consulted, also violated the APA.

The OCSLA says that once a lease is granted, it can only be suspended in certain narrow cases, to comply with a court order, 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.

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 announcing 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.”

On Sept. 17, the states filed a motion to block the stop-work order, arguing that abruptly halting work would jeopardize the entire project, leading to higher energy prices for their residents, wasted tax dollars, lost jobs, more pollution, and a less reliable electrical grid.

Ørsted filed a separate complaint in Washington, D.C., arguing the Trump administration lacked the legal authority to suspend the project, which threatens billions in investments. On Sept. 22, the federal judge in D.C. granted Ørsted’s request to block the stop-work order, ruling that the project was “likely to suffer irreparable harm” if the administration’s order wasn’t blocked.

Following a request from the Trump administration, the judge in Rhode Island transferred the states’ case in Rhode Island to D.C. and it was consolidated with Ørsted’s case.

On Dec. 22, the Trump administration issued a second stop-work order for five offshore wind projects, including Revolution Wind.

In early January, Ørsted and the states asked the judge for further relief, to block the Dec. 22 stop-work order.

On Jan. 12, the judge blocked the Dec. 22 stop-work order, ruling that the administration did not provide a sufficient justification for halting the project.

• Complaint (filed Sept. 4, 2025)
• Motion for Preliminary Injunction (filed Sept. 17, 2025)
• Order Granting Preliminary Injunction (Ørsted case, filed Sept. 22, 2025)
• Preliminary Injunction (Jan. 12, 2026)

• The Connecticut Mirror: Work can again resume on Revolution Wind, judge orders in blow to Trump (Jan. 12, 2026)
• The Associated Press via PBS: Judge lifts Trump’s halt of nearly complete offshore wind energy project (Sept. 22, 2025)
• WPRI: Trump administration sued over Revolution Wind stop-work order (Sept. 4, 2025)
• Rhode Island Current: Trump orders Revolution Wind developers to stop offshore project already 80% complete (Aug. 23, 2025)