AFPI Applauds the Department of the Interior’s Halt of the Empire Wind Offshore Wind Project

Yesterday, U.S. Secretary of the Interior Doug Burgum issued a directive to the Bureau of Ocean Energy Management (BOEM) to order the cessation of all construction activities at the Empire Wind offshore wind projects in Atlantic coastal waters off North Jersey and New York City. The Secretary indicated that Department of the Interior staff had “obtained information that raises serious issues with respect to the project approvals for the Empire Wind Project.”

Empire Wind is not the first offshore wind project to come under scrutiny. The America First Policy Institute (AFPI) recently submitted an amicus brief to the U.S. Supreme Court urging the high court to review developments related to another offshore wind project—Vineyard Wind 1, the first of its kind in the nation—after one of its turbines exploded off the coast of Nantucket last summer. The case, Seafreeze Shoreside et al v. US Department of the Interior, et al., brought by the Texas Public Policy Foundation, argues that the Biden administration erred in approving a permit for Vineyard Wind because the department ignored certain statutory requirements (to ensure “safety,” for example) in favor of the administration’s aggressive nationwide push to “approve as many offshore wind projects as possible, as quickly as possible.”  

In its amicus, AFPI argues that the lower court reviewing Vineyard Wind’s approval ignored the Supreme Court’s holding in Loper Bright Enterprises v. Raimondo, 603 U.S. 369, 412 (2024), the landmark case that ended so-called Chevron deference by requiring courts to interpret statutory language themselves rather than rely on the “expertise” of unelected bureaucrats. By ignoring Loper Bright, the First Circuit allowed BOEM to short-circuit the permitting process to rush 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 recognizes the acute deficiencies of the Biden administration’s approach to approving offshore wind projects and builds upon President Trump’s January 20, 2025, memorandum pausing further development of such projects and reversing damaging Biden era policy directives. AFPI recognizes the potentially devastating environmental and economic impact that may be caused by the installation of offshore wind facilities and intends to remain engaged in efforts to combat these harmful policies.

AFPI thanks the Independent Women’s Forum for joining in the Seafreeze amicus brief and applauds the contributions and advocacy of Congressman Chris Smith and Congressman Jeff Van Drew on behalf of their New Jersey constituents. AFPI also thanks AFPI-NJ Chapter Chair Michael J. Donohue, who submitted an amicus brief on behalf of Protect Our Coast NJ in Seafreeze Shoreside et al v. US Department of the Interior, et al.