The administration of former U.S. President Donald Trump has notified a federal court that it is re-evaluating a key permit approval for the Atlantic Shores South offshore wind project, a joint venture between EDF and Shell off the coast of New Jersey.
In a court filing last week, the U.S. Department of Commerce said the Bureau of Ocean Energy Management (BOEM) is reviewing its October 2024 approval of the project’s construction and operations plan (COP), and may issue a revised agency action.
“At the conclusion of BOEM’s reconsideration proceedings, BOEM will likely make a new agency action, and that action may affect—and potentially moot—Plaintiffs’ claims,” government lawyers stated. “To avoid potentially needless or wasteful litigation, the Court should remand the COP approval and enter a stay.”
The statement was made as part of a federal request to pause ongoing litigation brought by a New Jersey-based opposition group, which has challenged the project’s federal permitting.
BOEM declined to comment on the ongoing legal proceedings.
Atlantic Shores South, with a planned capacity of up to 2.8 gigawatts, has faced growing regulatory scrutiny in recent months. In March, the U.S. Environmental Protection Agency’s appeals board ordered a review of an air quality permit linked to the project. Then in August, New Jersey energy regulators approved a developer request to exit a contract to supply 1,500 megawatts of electricity from the project’s first phase, after EDF and Shell cited economic challenges.
The developers told state officials in June that the project was no longer financially viable under existing terms.
Atlantic Shores was among the first offshore wind developments to face formal review by the Trump administration, raising questions about the future of large-scale wind projects under the current federal energy policy direction.
