U.S. Secretary of the Interior Doug Burgum directed the Bureau of Ocean Energy Management (BOEM) to halt construction activities at the Empire Wind offshore wind projects located in Atlantic coastal waters off North Jersey and New York City. The decision was made after Department of the Interior staff obtained information raising serious issues with respect to the project approvals for Empire Wind.
Empire Wind is not the first offshore wind project to face scrutiny. The America First Policy Institute (AFPI) recently submitted an amicus brief to the U.S. Supreme Court urging a review of developments related to another offshore wind project, Vineyard Wind 1, following an incident where one of its turbines exploded off Nantucket last summer. The case, "Seafreeze Shoreside et al v. US Department of the Interior, et al.", argues that the Biden administration erred in approving a permit for Vineyard Wind by ignoring statutory requirements like safety in favor of rapidly approving as many offshore wind projects as possible.
In its amicus brief, AFPI contends that the lower court reviewing Vineyard Wind’s approval ignored a Supreme Court ruling in "Loper Bright Enterprises v. Raimondo", which ended Chevron deference by requiring courts to interpret statutory language themselves rather than relying on bureaucratic expertise. By ignoring this precedent, AFPI argues that BOEM was allowed to expedite approvals for offshore wind projects.
"‘Loper Bright’ couldn’t be clearer: courts—not agencies—determine whether an agency is acting within the bounds of the law," said Jessica Hart Steinmann, Executive General Counsel for AFPI. "The ‘Seafreeze’ case gives the Supreme Court a critical chance to rein in unelected bureaucrats. The American people deserve a government that follows the law—not one that twists it to serve an ideological agenda."
Secretary Burgum’s directive acknowledges deficiencies in how offshore wind projects have been approved under the Biden administration and aligns with President Trump’s January 20, 2025 memorandum pausing further development of such projects and reversing previous policy directives. AFPI highlights potential environmental and economic impacts from installing offshore wind facilities and plans to continue opposing these policies.
AFPI also expressed gratitude towards Congressman Chris Smith and Congressman Jeff Van Drew for their advocacy on behalf of New Jersey constituents and thanked Michael J. Donohue, Chair of AFPI-NJ Chapter, who submitted an amicus brief on behalf of Protect Our Coast NJ in support of "Seafreeze Shoreside et al v. US Department of the Interior, et al."
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