SEA NY Special Flash 25-35.1: Issued: September 4, 2025 

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2025 New York Legislative Tracking Spreadsheet Update

SEA's up-to-date online Legislative Tracking Spreadsheet for New York can be found here. 

This spreadsheet tracking tool is designed to keep subscribers informed of legislative activity by indicating the most recent dates of legislative action, the next potential legislative action, a short summary, as well as a direct link to the bill docket to learn more. 

Please contact John Keene with any questions regarding New York legislative tracking. 

Regional and National 

Trump administration intends to withdraw construction approvals of SouthCoast Wind and New England 1 & 2 offshore wind projects 

On August 29, 2025, and September 3, 2025, in District Court, District of Columbia Case No. 2:25-cv-1678-JW and 1:25-cv-00906-TSC, the U.S. Attorney General (AG) stated in two Motions that the Trump Administration intends to revoke Construction and Operations Plan (COP) approvals for the SouthCoast Wind and New England 1 & 2 offshore wind projects. In both cases, brought by the Town of Nantucket, MA, (SouthCoast Wind proceeding) and ACK FOR WHALES, Inc (New England Wind 1 & 2 proceeding), the projects’ COP approvals are being challenged. We summarize the AG’s rationale for the COP remand for each project below. 

SouthCoast Wind: In its August 29 Motion, the AG stated the U.S. Department of the Interior (DOI) intends to move for a voluntary remand its COP Approval. DOI is expected to issue the voluntary remand by September 18, 2025. The AG noted that administrative agencies have the authority to reconsider their decisions and cited the Decision in Solid Waste Activities Grp. v. EPA, 901 F.3d 414, 436 (D.C. Cir. 2018) as precedent. On September 1, 2025, SouthCoast Wind filed a Response in opposition, and assert the AG failed to establish good cause to warrant its Motion pursuant to Fed. R. Civ. P. 6(b)(1)(A). Further, SouthCoast argued that “[the August 29 Motion] amounts to nothing more than a deliberate tactic to stall this Project because it no longer fits with the Administration’s agenda, not because it was approved in error.” 

SouthCoast Wind is a proposed 2,400 MW offshore wind project in Lease Area OCS-A 0521, approximately 23 miles south of Massachusetts. The project is being developed by OceanWinds, a joint venture between EDP Renewables and Engie. As discussed in Flash 25-4, the project received approval of its Construction and Operations Plan (COP) from BOEM in January 17, 2025. 

New England 1 & 2: In its September 3 Motion, the AG stated the U.S. Bureau of Ocean Energy Management (BOEM) is in the process of reviewing the project’s COP Approval and intends to file a motion for remand. The AG noted BOEM expects to file the motion for remand of the COP on October 10, 2025. The AG stated that “allowing that remand is ‘important for judicial economy because it allows courts to preserve judicial resources.’ and cited the Order in Friends of Park v. National Park Service, Case No. 2:13-cv-3453-DCN.

As discussed in Flash 24-27, New England Wind is a proposed pair of offshore wind projects under development by Avangrid in two phases off the coast of Massachusetts. Together, the projects have a potential capacity of up to 2,600 MW, segregated into two distinct leases, New England Wind 1 in OCS-A 0534 and New England Wind 2 in OCS-A 0561. The COP for New England Wind 1 & 2 were approved by BOEM in July 2024. 

These moves are the latest in a string of actions taken by the Trump Administration aiming to halt the development of offshore wind. This includes the August 22 Revolution Wind construction halt Order issued by BOEM, as well as the July 28 Motion filed by the AG in the legal challenge of the Maryland Offshore Wind Project (in Case No. 1:25-cv-00152-GBW), which indicated the DOI intends to revoke the Maryland Offshore Wind project COP (discussed in Flash 25-34 and Flash 25-32). These actions are likely in response to the Executive Order issued by President Trump, which directed the AG to conduct a comprehensive review of the ecological, economic, and environmental necessity of existing offshore wind leases and offshore wind project approvals to determine the necessity of revoking or modifying existing leases and to identify the legal basis for such revocation (discussed in Flash 25-3).

We note that the Executive Order is being challenged in U.S. District Court for the District of Massachusetts (Case No.1:25-cv-11221) by a coalition of 18 states and that litigation is ongoing. As discussed in Flash 25-33, a hearing is scheduled for is scheduled for September 9, 2025, to consider Motions (available here and here) for summary judgement in that proceeding. It is unclear how the timing of these related legal proceedings will impact the development of the offshore wind projects in the near- and long-term. 

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Best regards,
The SEA Team


Sustainable Energy Advantage, LLC
John Keene - Senior Director
Tel. 508-665-5870 | jkeene@seadvantage.com
www.seadvantage.com
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