NY et al. v Trump: Section II of the ‘Wind Ban’ Memorandum Vacated in its Entirety, Court Orders

WASHINGTON, D.C. - In a major win for responsible offshore wind energy, the U.S. Court of Appeals for the First Circuit issued final judgement and mandate granting the voluntary dismissal submitted by the federal government in NY et al. v. Trump, which challenged the presidential memorandum directing agencies to stop processing or issuing permits, approvals, and other authorizations for offshore wind projects pending an indefinite comprehensive review of offshore wind development activities.

"Arbitrary halts to responsible offshore wind development interfere with efforts to protect wildlife, reduce carbon emissions, and address the rising demand for affordable and reliable energy," says Amber Hewett, senior director of offshore wind energy at the National Wildlife Federation. "Offshore wind leasing and development is subject to rigorous review and public comment processes to ensure wildlife and communities are protected. The Court's decision upholds what we have known: that this ban was a baseless overstep of authority impeding responsible offshore wind development, a critical solution to safeguard wildlife and people from the effects of climate change."

NY et al. v. Trump was filed on May 5, 2025 by a coalition of 17 states and the District of Columbia, led by New York, in response to President Trump's January 20, 2025 Presidential Memorandum titled, "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."

Section 2 of the memorandum (colloquially called the "Wind Ban") prohibited federal approvals for offshore wind projects, directing agencies to stop processing or issuing permits, approvals, or other authorizations for offshore wind projects pending an indefinite comprehensive review of offshore wind activities. This included areas that were already leased prior to the ban. Section 2 also directed the Department of Interior to conduct a comprehensive assessment of offshore wind leasing and permitting practices, including the environmental review process under the National Environmental Policy Act.

Plaintiffs challenged the Memorandum, arguing that the halt of permitting and leasing harmed the economic and environmental interests of the states and DC, overstepped executive authority in managing federal waters specifically regarding clean energy development, and violated legal procedures.

Ten days later on May 15, 2025, the National Wildlife Federation and nine other environmental non-profits filed an amicus brief in support of plaintiffs in NY et al. v. Trump. The brief stated that "the Agencies simultaneously are seeking to gut the federal wildlife protection that permitting processes are intended to safeguard, and to fast-track non-wind projects that kill and harm species."

On December 8, 2025, Judge Patti B. Saris issued her decision on NY et al. v. Trump, ruling that implementation of Section 2 of the "Wind Ban" is unlawful and vacated it in its entirety. The federal government filed a notice that it would appeal the December 2025 judgement on February 17, 2026. Upon consideration of Appellants' agreement, judgement was entered by the First Circuit Court ordering that the federal government's appeal be voluntarily dismissed. Judgment is now final on the unlawful 'Wind Ban'.

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