Ruling Gives EPA Green Light to Suspend Approvals for New Jersey Wind Power Project

In a potential precedent, an appeals board says the agency can ’remand' Atlantic Shores’ permits under Trump’s directive halting offshore wind development.

Wind turbines generate electricity at the first commercial offshore wind farm in the United States, Block Island, near Rhode Island, on July 7, 2022. John Moore/Getty Images

An appeals board has upheld the Environmental Protection Agency’s (EPA’s) suspension of approved permits for a massive wind power venture off New Jersey’s coast in compliance with President Donald Trump’s Jan. 20 executive actions demanding an immediate freeze in offshore wind development and leasing.

It could be the first of many similar remands, or reconsiderations, of issued permits in coming months as the EPA pauses wind power projects that have been permitted but haven’t started construction under the president’s directive.

The Environmental Appeals Board (EAB), an independent appellate tribunal that hears administrative challenges to EPA actions, approved the agency’s request to “voluntarily remand” approved permits for the Atlantic Shores Offshore Wind Project in a March 14 ruling.

The Atlantic Offshore Wind Project, a collaboration between Shell New Energies US, a subsidiary of Royal Dutch Shell, and San Diego-based EDF Renewables North America, spans more than 400 square miles across three lease areas within 20 miles of New Jersey Coast between Atlantic City and Barnegat Light on Long Beach Island.

Its Project 1 proposed building 192 turbines less than nine miles off the coast to generate 1.5 gigawatts (GW) of offshore wind energy to deliver enough electricity to power more than 700,000 homes by 2027.

The New Jersey Board of Public Utilities granted Atlantic Shores’ Project 1 permits and approvals after 2021 and 2022 hearings, and the EPA’s Region 2 approved its Outer Continental Shelf air permit in September 2024, officially green-lighting the development.

Despite the allure of carbon-free electricity that proponents claimed would eventually power more than 1 million New Jersey homes and businesses, Atlantic Shore’s Project 1 was widely opposed by many local residents as an eyesore too close and too visible to vacation rentals and beaches that teem with summer visitors from New York City and Philadelphia.

That opposition was spearheaded by Save LBI, a Long Beach Island group that filed a petition challenging the EPA’s September 2024 final approval and numerous legal challenges, including one in January 2025.

Its petition demanding a review of Region 2 granting the permit is what prompted the agency to remand the approval in February, spurring Atlantic Shores to appeal that determination, and the EBA to uphold that decision on March 14.

Save LBI’s last suit questioned EPA’s emissions modeling and the potential effects on marine mammals, human health, and the local tourist economy by “offshore wind industrialization.”

Rep. Jeff Van Drew (R-N.J.), whose New Jersey Congressional District 2 spans much of the state’s coast from Long Beach Island and Atlantic City to Cape May, raised the issue with Trump—already an outspoken critic of “windmills”—while he was campaigning and before assuming office on Jan. 20.

On his first day in office, Trump issued a “Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects” executive order that suspended all “energy leasing in all areas within the Offshore Continental Shelf (OCS)” related to wind energy nationwide.

Trump’s order had an immediate impact, prompting global wind energy developer Holland-based Orsted to trim future U.S. commitments by 25 percent, and Shell to withdraw from its Atlantic Shores collaboration with EDF Renewables.

Two weeks after Trump’s order, New Jersey’s utilities board suspended its approvals for Atlantic Shores, citing “uncertainty driven by federal actions and permitting” and Shell’s withdrawal from the project.

Protesters at a hearing on offshore wind farms say New Jersey Gov. Phil Murphy has sold them out, on March 16, 2023. Courtesy of Scottie Barnes

A Mighty Blowback

“The offshore wind industry is currently facing significant challenges, and now is the time for patience and prudence,” Gov. Phil Murphy said in a Feb. 3 statement, adding he hoped “the Trump Administration will partner with New Jersey to lower costs for consumers, promote energy security, and create good-paying construction and manufacturing jobs.”

In compliance with Trump’s executive order, EPA Region 2 submitted a motion for voluntary remand of the final September 2024 permit for Atlantic Shores Project 1 and Project 2 in February, preventing the project from advancing until the federal review process concludes.

Atlantic Shores appealed, noting the permit was “validly issued” and EPA Region 2 “has not provided good cause” for its motion to suspend the approval, “failing to identify any permit condition it seeks to substantively change, or any element of the permit decision it wishes to reconsider.”

The EPA does not “identify any provision” of any federal law or “regulatory obligation that would justify a remand,” the appeal argues.

“Instead,” it continues, “the motion relies solely on a recent Presidential Memorandum that, on its face, does not apply to the final permit.”

In its nine-page response, the EBA said: “It is well established that the board has broad discretion to grant a voluntary remand” and that it “treats requests for voluntary remand liberally and is not limited to circumstances where the region provides specific substantive changes to the final permit or specific elements of the permit decision it seeks to reconsider.”

The board said circumstances “support a voluntary remand” of the permit, noting it is merely suspended, not denied.

The EPA “has clearly stated its intent to reconsider the project and permit decision in light of the presidential memorandum. As the region explained, it seeks remand of the permit to include it and the permit application ‘in the comprehensive review of permitting practices called for in the memorandum,’” it said.

“Atlantic Shores is disappointed by the EPA’s decision to pull back its fully executed permit as regulatory certainty is critical to deploying major energy projects,” Atlantic Shores said in a March 17 statement.

“The order jeopardizes proposed projects on the East Coast that have not yet secured permits totaling 32 GWs of power,” said Aurora Energy Research, including 11 already approved with the potential to generate more than 19 GWs, enough to power more than 6 million homes.

But according to a February analysis by financial data firm FactSet, there are more than 800 wind projects nationwide that could potentially generate 228 GW of power that are “still in the development phase.”

“However, the order’s pause on new permits puts much of this capacity at risk of never being constructed,” FactSet said in its analysis.

Projects in the early stages of the development process and those in the middle stages that have yet to secure a permit account for 89 percent of undeveloped wind projects, it said.

Despite the suspension to review its formerly approved project, local opposition, and the president’s visceral dislike for “windmills,” Atlantic Shores is not abandoning its proposal. It got a permit once, it can do so again, the company said.

“Atlantic Shores stands ready to deliver on the promise of American energy dominance and has devoted extensive time and resources to follow a complex, multi-year permitting process, resulting in final project approvals that conform with the law,” its March 17 statement concluded.