Since its inauguration in January 2025, this federal administration has been engaged in a broad effort to change course on many fronts, including environmental and energy policy. Two district court decisions and a decision by the Secretary of the Interior involving development of offshore wind energy provide an opportunity to consider whether any law constrains agency discretion to implement a new administration’s policies, even when that would involve a reversal of prior decision making.
The column as published referred to the Dec. 22, 2025 order pausing offshore wind projects already leased and some under construction. Unsurprisingly, several developers challenged the order. Three obtained preliminary injunctions. Va. Elec. Power Co. v. U.S. Dep’t of the Interior, No. 2:25-cv-00830 (E.D. Va. Jan. 16, 2026); Empire Leaseholder, LLC v. Burgum, No. 1:26-cv-004 (D.D.C. Jan. 15, 2026); Revolution Wind, LLC v. Burgum, No. 1:25-cv-02999 (D.D.C. Jan. 12, 2026).